The Work of a New Mexico Birth Injury Attorney Unfortunately, many mistakes made by doctors during delivery can lead to severe birth injuries for newborns These injuries can lead to the need for ongoing care and medical expenses that drain families' budgets Like all malpractice claims, birth injuries require proving that the medical professional breached their obligation to provide reasonable medical treatment This is a difficult task Preparing a Claim The legal process for a birth injury claim begins with a review of the medical records of your child These documents could contain valuable evidence that proves that the doctor was negligent A competent attorney will be able to determine the most crucial evidence, and collect documents can be used to prove your claim The attorney will work closely with one or more medical experts to establish that the doctor's actions did not meet the standards of medical care expected of professionals in the same field A medical expert can help jurors to understand how the doctor's failure to act or conduct led to the injuries of your child If the medical expert can show that the injuries suffered by your child resulted from the doctor's negligence The next step is determining what damages your child could be liable for This will include future and past medical expenses and lost earnings over the course of a lifetime as well as pain and suffering You may be entitled to punitive damages or exemplary damage depending on the severity of the injuries that your child sustained These additional damages are meant to punish the medical professional who was at fault for their extreme inattention or carelessness, and deter other people from acting in the same manner Many birth injuries result from medical mistakes during the delivery of an infant These mistakes can occur at any point during the pregnancy however, they are more likely to occur during labor and birth Medical malpractice can result in severe and lasting injuries for both mother and child Erb's Palsy, shoulder dystocia and brain damage are just a few of the most common birth injuries Erb's Palsy is one of the forms of nerve damage that results in paralysis in the arm It is usually caused by trauma during delivery to the brachial-plexus The condition can be prevented by the proper treatment and intervention New Mexico law has strict statutes that limit the time you can make a claim for medical negligence Your attorney will determine if your case is eligible for an exemption to these deadlines Even if your case is strong, it will be dismissed if the statute of limitations has expired It is crucial to get in touch with an New Mexico birth injury attorney as soon as possible to ensure the timely filing of your lawsuit Preparing for Trial The preparation for a trial starts before the date of trial when the legal teams review the evidence and develop their theories Then, they have to identify all witnesses and prepare questions for them They must also compile all exhibits that will be used in the trial They also have to prepare jury instructions All of this is essential for presenting a successful claim and to secure compensation for victims A birth injury that is the result of a medical professional's mistake can have life-altering consequences for a family Children who suffer from these injuries require a lifetime of medical care and treatments Families may require financial assistance to pay for therapies or treatments as well as specialized equipment A skilled New Mexico birth injuries attorney can help families obtain the compensation needed to cover these costs In order to file a birth injury lawsuit the family must show that their medical professional or doctor failed to provide the treatment that reasonable medical professionals would have provided under similar circumstances Medical malpractice is exactly what it is To prove this, the party who was injured must prove four elements that include duty of care, breach of that duty, causation, as well as damages Many of the medical mistakes that cause birth injuries are caused by simple mistakes, such as the wrong diagnosis or inadequate treatment for prenatal complications Certain are more complicated, like shoulder dystocia which could result in total or partial arm paralysis In some instances birth injuries, they only become visible later in childhood, when the child begins missing developmental milestones Contacting a birth injury lawyer as soon as you can after the injury is crucial in order to avoid the time frame when the initial statute of limitation SOL could expire However, there are a few exceptions to the SOL that may prolong the time required to file an action A skilled birth injury attorney will explain the specific SOLs that apply to your situation and suggest an appropriate timeline for filing an action Birth injuries typically require expert testimony to establish that the doctor's care fell below the standard of care they provide in their specialization Miller Weisbrod Olesky is a qualified medical malpractice firm which works with highly respected experts from across the country to prove this fact in a birth injuries claim How to File a Claim If a birth injury occurs it can cause irreparable and life-altering damage to the child, parents, and family members A successful lawsuit could result in reimbursement for medical expenses and income loss and suffering and pain It could also be used to pay for specialized therapies and equipment However an effective claim requires medical expert testimony to prove that the doctor, nurse, or any other healthcare provider breached their duty of care and caused the child's injuries A New Mexico birth injury lawyer can assist families to receive the justice they deserve by filing a lawsuit against the responsible medical provider or healthcare facility However, it is important to be aware that medical malpractice claims are subject to strict statutes of limitations A lawyer can review details of the case to determine when the statute started to run and legal action can be taken before the statute expires In some instances doctors may be held liable for birth injuries even if the medical error did not occur at the time of birth This type of negligence could result from a delay in diagnosing or treating a maternal problem, improper use of forceps during birth or a failed Caesarean section Other causes of birth injury include an insufficient supply of oxygen to the brain during labor or prolonged labor https//wwwaccidentinjurylawyersclaims/compensation/birth-injury-attorneys-near-me/ can review the facts of a case and identify the parties who could be responsible, such as nurses, doctors, and hospitals These lawsuits are typically brought against the hospital in which the negligent healthcare professional worked It is not unusual for defendant to argue that there are other causes for the baby's injuries such as birth defects or fetal developmental issues A New Mexico birth injury attorney can assist the family and the victim argue against this claim by proving that there was evidence of negligence and that the medical professional's actions or inability to act directly caused the child's injuries A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and appoint one or more medical experts to establish that a health care provider's action or failure to act fell short of the standard of care in a similar circumstance and resulted in the child's injuries A successful claim can recover compensation for damages, which could include past and future medical expenses, loss of income as well as pain and suffering and other damages