The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical errors during the delivery process result in serious birth injuries to newborns. These injuries can cause an entire life of medical bills and care which drain families' funds.
Birth injury claims require the same evidence as other malpractice claims. The medical professional must have breached his or her obligation to provide reasonable medical treatment. athens birth injury attorney is a difficult task.
Prepare a Claim
The legal process for a birth injury case starts with an evaluation of the medical records of your child. These documents contain a wealth of evidence that can show that the doctor was negligent. An experienced attorney can pinpoint the most important evidence and also gather other documents that can be used to back your claim.
The attorney will also work closely with one or more medical experts to prove that the doctor did not adhere to the standards of care expected by a professional in the same field. An expert can help the jurors comprehend how the doctor's failure to act or conduct led to the injuries of your child.
If the medical expert can establish that negligence on the part of the doctor caused your child's injuries, the next step will be to determine the damages your child is entitled to. This includes past and future medical expenses and lost earnings over the course of their lives, as well as pain and suffering.
Based on the severity of your child's injuries you could be eligible for punitive or exemplary damages. These additional damages are intended to penalize the medical professional at fault for their utter inattention or carelessness and to deter others from acting in a similar way.
Many birth injuries are the result of medical errors during the delivery of an infant. These mistakes can happen anytime during pregnancy but are most likely to occur during the labor and delivery. Medical malpractice can lead to severe and lasting injuries for both the mother and the child.
Some of the most common birth injuries include shoulder dystocia, brain damage, spinal cord injuries, and Erb's paralysis. Erb's palsy is a form of nerve injury that can cause partial or total paralysis of the arm, and is usually caused by injury to the brachial plexus in delivery. Often, this problem can be avoided with the right treatment and intervention.
New Mexico law has strict statutes of limitation that stipulate a limited time period during which you can bring a medical malpractice lawsuit. Your lawyer will determine if your claim is eligible for an exception to these deadlines. Even even if your case is a strong one, it will be dismissed in the event that the statute of limitations has expired. It is crucial to speak with a New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.
Prepare for the trial
The preparation for trial begins much earlier than the actual trial date, as legal teams examine the evidence and establish their theories of the case. Then, they must determine the witnesses and prepare questions for them. They must also gather all evidence that will be used in the trial. They will also have to prepare jury instructions. All of this preparation is essential for presenting a successful claim and obtaining compensation for the victims.
Birth injuries caused by a medical professional's mistake can have life-altering consequences for a family. Children who suffer from such injuries will need medical services and treatment for the rest of their lives. Families may require financial assistance to pay for therapy, treatments, and specialized equipment. An experienced New Mexico birth injury attorney can assist families in obtaining financial compensation that will pay for these requirements.
To start a lawsuit for birth injuries, a family must prove that their medical professional or doctor failed to provide the care that an experienced medical professional would have offered under similar circumstances. This is known as medical malpractice. To prove medical negligence, the person who suffered must establish four elements: duty, breach of duty, causation, and damages.
Many of the medical errors that result in birth injuries are simple mistakes such as misdiagnosis and improper treatment of prenatal problems. Some are more complex such as shoulder dystocia, which could result in total or partial arm paralysis. In some instances, birth injuries are only visible later in childhood, when the child is unable to complete developmental milestones.
It is important to speak with a birth injury lawyer as soon as possible after the injury, or before the initial statute of limitations (SOL) will expire. However, there are some exceptions to the SOL which can prolong the time required to file an action. A knowledgeable birth injury lawyer can explain the SOLs that are applicable to your case and recommend an appropriate timeframe for filing a suit.
Birth injuries usually require expert testimony to prove that the medical professional's treatment was below the standards of care for their specialty. A reputable medical malpractice firm, like Miller Weisbrod Olesky, works with highly-respected experts across the country to establish these facts in the case of a birth injury.
How to File a Claim
If a birth injury happens it can cause irreparable and life-altering damage to the child parents, child, and family. A successful claim could provide compensation for medical expenses, income loss and suffering and pain. It could also help pay for the cost of specialized equipment and therapies. A successful claim will require expert medical testimony proving that the doctor, the nurse, or any other healthcare professional violated their duty to care and caused the child’s injuries.
A New Mexico birth injury lawyer can assist families to receive the justice they deserve with a lawsuit filed against the accountable healthcare provider or medical facility. It is crucial to remember that medical malpractice claims have strict statutes. Lawyers can examine the specifics of the case to determine when the statute began to run, so that legal action can be taken prior to the expiration date.
In some instances doctors may be held responsible for birth injuries, even if medical negligence was not present during the time of birth. This type of negligence could be due to a delay in diagnosing or treating a maternal problem or the improper use of forceps during the delivery, or a failed Caesarean section.
Other causes of birth injury are 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 identify the parties who could be responsible, such as nurses, doctors and hospitals. These lawsuits are often filed against the institution in which the healthcare professional who was negligent worked.
It is not uncommon for an individual defendant or their attorney to argue that there could be other causes for the baby's injuries. This could be due to genetic issues 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 inaction directly led in 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 decision or failure to act fell below the standard of care in a similar scenario and caused the child's injuries. A successful case can result in compensation damages, which can include past and future medical expenses as well as loss of income as well as pain and suffering and other damages.