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The Work of a New Mexico Birth Injury Attorney Unfortunately many medical errors during delivery result in serious birth injuries for newborns These injuries can result in an entire life of medical bills and care that drain families budgets Like all malpractice claims birth injuries must prove that the medical professional acted in breach of their duty to provide reasonable medical care This is a complicated task Create a Claim The legal process for a birth injury case begins with an evaluation of the medical records of your child These documents could contain valuable evidence that proves that the doctor was negligent A competent attorney can determine the most important evidence and gather other documents that can be used to prove your claim The attorney will also collaborate with one or more medical experts to establish that the doctor fell below the standards of care that would be expected from medical professionals in the same field An expert can help the jurors comprehend how the doctors failure to act or conduct caused the injuries to your child If AccidentInjuryLawyers can prove that your childs injuries were caused by the doctors negligence the next step is to determine what damages your child will receive This will include past and future medical expenses as well as loss of earnings over the course of a year and pain and suffering Based on the extent of your childs injuries you may be entitled to punitive or exemplary damages These additional damages are intended to punish the atfault medical professional for their recklessness or inattention and to deter others from acting similarly Medical errors made during the delivery of a child are the reason for a variety of birth injuries These mistakes can happen anytime during pregnancy but tend to occur during the labor and delivery Medical malpractice can result in serious and longlasting injuries for both the mother and child Erbs palsy shoulder dystocia and brain damage are some of the most common birth injuries Erbs Palsy is a kind of nerve damage that causes partial or complete arm paralysis and is typically caused by trauma to the brachial plexus in birth The condition is usually preventable with the right treatment and treatment New Mexico law has strict statutes of limitations that impose an imposed time limit within which you are able to make a claim for medical malpractice The attorney can determine whether your case qualifies for exemptions to these deadlines Even if your case is strong it will be dismissed when the time limit has passed It is crucial to get in touch with a New Mexico birth injury attorney promptly to ensure the timely filing of your lawsuit Preparing for the Trial The process of preparing for a trial begins before the trial date itself as the legal teams examine the evidence and formulate their theories They must then identify all witnesses and prepare questions for them They will also have to compile all exhibits that will be used during the trial They also need to prepare jury instructions All of this is essential to make a claim that is successful and to secure compensation for the victims A birth injury caused by a medical error can have a lifechanging impact on the family Children who suffer from such injuries require an entire lifetime of medical treatment and treatments Families may require financial aid to cover the cost of therapies as well as treatments and equipment An experienced New Mexico birth injury attorney can help families obtain financial compensation that can cover the costs of these needs To start a lawsuit for birth injuries a family must prove that their doctor or medical provider did not provide the kind of care that an experienced medical professional would have offered under similar circumstances This is referred to as medical malpractice To prove this the victim must establish four elements duty of care breach of that duty causation and damages A lot of medical mistakes that cause birth injuries stem from simple errors like incorrect diagnosis or treatment of prenatal complications Some are more complex such as shoulder dystocia that can result in complete or partial arm paralysis In certain cases birth injuries are only apparent later in childhood as the child is unable to complete developmental milestones Contacting a lawyer for birth injuries as early as you can after the injury is crucial in order to avoid the time frame when the initial statute of limitation SOL may expire There are exceptions to the SOL that can extend the time period to file a lawsuit A knowledgeable birth injury attorney will explain the specific SOLs that apply to your case and recommend the appropriate timeframe to file a lawsuit Expert testimony is usually required to demonstrate that the doctors care was not in line with the standards for their field of expertise A reputable medical malpractice firm such as Miller Weisbrod Olesky works with highlyregarded experts around the country to prove these facts in the case of a birth injury How to File a Claim If a birth injury occurs it can cause permanent and lifealtering damages to the child parents child and family members A successful claim may provide compensation for medical expenses and income loss and suffering and pain It may also help cover the costs of equipment and therapies that are specialized However a successful claim requires expert medical testimony to establish that the nurse doctor or any other healthcare professional violated their duty of care and caused the childs injuries A New Mexico birth injury lawyer can assist families to receive the justice they deserve by filing a lawsuit filed against the responsible healthcare provider or medical facility It is crucial to be aware that medical malpractice lawsuits are subject to strict statutes of limitations An attorney can look over the specifics of the case and determine the time when the statute of limitation was set to expire in order for legal action to be initiated prior to the expiration date In some instances doctors may be held responsible for birth injuries even though medical negligence wasnt present at the time of birth This type of negligence could be the result of a delay in diagnosing or treating a maternal issue improper use of forceps during birth or a failed Caesarean section A birth injury could be caused by lack or prolonged labor A New Mexico birth injury lawyer can review the facts of a case and identify the parties who could be responsible such as nurses doctors and hospitals In most cases these lawsuits are filed against the facility where the negligent healthcare professional was employed It is not unusual for an individual defendant or their attorney to assert that there are other reasons for the injuries suffered by a baby This could be due to genetic issues or fetal developmental issues A New Mexico birth injuries attorney can help the victims family fight this argument by establishing the existence of evidence of medical malpractice and the professionals actions and failure to act directly resulted in the childs injury Miller Weisbrod Olesky a New Mexico birth injury attorney is able to investigate the situation They may also hire one or more medical experts to prove that the healthcare providers actions or inactions fell below the standard of care for similar situations This is what led to the childs injuries A successful claim could result in compensation for future and past medical expenses and lost income as well as discomfort and pain and other damages