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The Work of a New Mexico Birth Injury Attorney Many medical errors in the delivery room lead to serious birth injuries in newborns. These injuries can lead to an entire life of medical costs and treatment that deplete families' finances. Like all malpractice claims, birth injuries need to prove that the medical professional violated their duty to provide fair medical treatment. This is a complex undertaking. Prepare a Claim The legal procedure for a birth injury case begins by analyzing the medical records of your child. These records contain a wealth of information that could show that the doctor was negligent. An experienced attorney will be able to determine the most crucial evidence, and also collect documents you can use to support your claim. The attorney will also collaborate with one or more medical experts to prove that the doctor's actions didn't meet the standards of medical care expected of an expert in the same field. An expert can help the jurors to understand the reason why the doctor's omission to act or conduct led to the injuries of your child. If a medical professional is able to demonstrate that your child's injuries resulted from a doctor's negligence The next step is to determine what damages your child will receive. This includes past and future medical costs, lost earnings throughout life, as well as suffering and pain. You could be entitled damages for punitive or exemplary 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 reckless negligence or disregard, and deter other people from acting in a similar way. Medical mistakes made during the birth of a baby are the cause for numerous birth injuries. These mistakes can occur at any time during the pregnancy, but are more likely to occur during labor and birth. Medical malpractice can lead to permanent and serious injuries to both the mother and child. Erb's Palsy, shoulder dystocia and brain damage are a few of the most frequent birth injuries. Erb's palsy is a type of nerve damage that results in partial or total paralysis of the arm, and is usually caused by injury to the brachial nerve plexus during the birth. Often this condition can be prevented by the right treatment and intervention. New Mexico law has strict statutes that limit the time you can make a claim for medical malpractice. Your lawyer will determine if your claim is eligible for an exemption to these deadlines. Even if your case is strong, it will be dismissed when the statute of limitations has expired. It is critical to contact an New Mexico birth injury attorney immediately to ensure the timely filing of your lawsuit. Prepare for Trial The process of preparing for a trial begins before the date of trial and the legal teams examine the evidence and form their theories. Then, they have to identify all witnesses and prepare questions for them. They must also compile all the evidence that will be used in the trial. They will also have to prepare jury instructions. All of this preparation is essential to presenting a winning claim and winning compensation for victims. A birth injury caused by an error by a medical professional can have life-altering consequences for families. Children who suffer such injuries will require medical treatment and treatment throughout their lives. Families may need help paying for treatments, therapies, and equipment that is specialized. An experienced New Mexico birth injuries attorney can assist families in obtaining compensation to cover these expenses. In order to file a birth injury lawsuit the family must show that their medical professional or doctor failed to provide the treatment that a reasonable medical professional would have offered under similar circumstances. This is known as medical malpractice. To prove this, the victim must prove four elements: duty of care, breach of that duty, causation, and damages. Many medical errors that result in birth injuries are simple errors like misdiagnosis and inadequate treatment of prenatal problems. Certain are more complicated such as shoulder dystocia, which can result in complete or partial arm paralysis. In some instances birth injuries are only apparent later in childhood, as the child begins missing developmental milestones. It is crucial to contact a birth injuries lawyer as soon as you can after the injury, or the initial statute of limitations (SOL) will expire. There are exceptions to the SOL that can prolong the time frame for filing a suit. A skilled birth injury lawyer can explain the SOLs that apply to your situation and suggest the best time frame to file a lawsuit. Birth injuries usually require experts to prove that the medical professional's treatment was below the standards of care for their specialty. Miller Weisbrod Olesky is a medical malpractice firm that is certified that works with highly regarded experts across the country to prove this in a birth injury case. How to Claim? Birth injuries can have a lasting and life-altering effect on the child, parents and family. A successful claim could offer compensation for current and future medical expenses, income loss as well as suffering and pain. It can also be used to pay for specific therapies and equipment. A successful claim requires an expert medical opinion that proves the doctor, nurse, or any other healthcare professional violated their duty to care and aggravated the child's injuries. A New Mexico birth injury lawyer can assist families to receive the justice they deserve through a lawsuit filed against the responsible medical professional or healthcare facility. However, it is important to know that medical malpractice lawsuits are subject to strict statutes of limitations. Lawyers can look over the details of the case to determine when the statute began to run in order that legal action may be taken before the statute expires. In birth injury attorney colorado springs can be held liable for birth injuries even if the medical error occurred at the time of birth. This type of negligence could result from an inability to diagnose or treating a maternal problem or a mishap with forceps during birth or a failed Caesarean section. Other causes of birth injury include a lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth injury lawyer can review the facts of a case to determine the parties who could be responsible, such as nurses, doctors and hospitals. The lawsuits are usually filed against the institution in which the negligent healthcare professional worked. It is not uncommon for defendant to claim that there are other causes for the baby's injuries, like the genetic defect or fetal development issues. A New Mexico birth injuries attorney can assist the family of the victim to counter this argument by establishing the existence of evidence of medical malpractice and the actions of the medical professional and their failure to act directly resulted in the child's injuries. A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire 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 scenario and resulted in the child's injuries. A successful case could result in compensation for future and past medical costs and lost income, as well as discomfort and pain, as well as other damages.