![[PukiWiki]](image/pukiwiki.png "[PukiWiki]")
|
The Work of a New Mexico Birth Injury Attorney Sadly, many medical errors in the delivery room result in serious birth injuries to newborns. These injuries can cause a lifetime of medical expenses and treatment, which can drain the finances of families. Birth injury claims require the same proof as other malpractice claims. The medical professional must have violated his or her obligation to provide reasonable medical care. This is a complex undertaking. Preparing a Claim The legal procedure for a birth injury case starts with an evaluation of the medical records of your child. These records could contain important information that proves that the doctor was negligent. A qualified attorney can identify the most crucial evidence and also gather other documents that can be used to prove your claim. The lawyer will also 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 the reason why the doctor's omission to act or his actions resulted in the injuries of your child. If a medical professional is able to demonstrate that your child's injuries resulted from the doctor's negligence the next step is to determine what damages your child will receive. This will include past and future medical expenses and lost earnings over a lifetime, and pain and suffering. Depending on the severity of your child's injuries you could be legally entitled to punitive or exemplary damages. These additional damages are designed to penalize the at-fault medical professional for their recklessness or inattention, and to deter others from committing the same actions. Medical errors that occur during the delivery of a child are the reason for many birth injuries. These mistakes can happen anytime during pregnancy however they are most likely to happen during labor and delivery. Medical malpractice can result in serious and long-lasting injuries for both mother and child. Erb's shoulder dystocia, palsy and brain damage are just a few of the most common birth injuries. Erb's palsy is a type of nerve damage that causes partial or total arm paralysis, and is usually caused by injury to the brachial nerve plexus during the birth. This condition is often preventable by the proper treatment and intervention. New Mexico law has strict laws that limit the time you have to bring a lawsuit relating to medical negligence. Your attorney will determine if your claim is eligible for an exception to these deadlines. If the statutes of limitations have expired, your case will be dismissed, even if have a strong case. It is critical to get in touch with a New Mexico birth injury attorney as soon as possible to ensure the timely filing of your lawsuit. Preparing for trial The process of preparing for a trial begins before the trial date itself when the legal teams analyze the evidence and formulate their theories. Then, they must determine the witnesses and prepare questions for them. They must also gather all exhibits that will be used during the trial. They must also prepare jury instructions. All of this is essential for presenting a successful claim, and win compensation for victims. A birth injury that is the result of a medical professional's mistake can cause life-altering effects for a family. Children who suffer from these injuries require an entire lifetime of medical treatment and services. Families may need assistance paying for treatments, therapies and specialized equipment. A skilled New Mexico birth injuries attorney can help families recover compensation to cover these costs.
To bring a birth injury lawsuit, a family must prove that their doctor or medical provider failed to provide the treatment that a reasonable medical professional would have offered under similar circumstances. Medical malpractice is what this is. To prove this, the party who was injured must establish four elements: duty of care, breach of that duty, causation, and damages. Many of the medical mistakes that cause birth injuries are based on simple mistakes, such as the wrong diagnosis or inadequate treatment for prenatal complications. Some are more complex such as shoulder dystocia, an issue that can cause partial or total paralysis of the arm. Some birth injuries are only apparent after childhood, when children begin to delay developmental milestones. It is essential to speak with a birth injury lawyer as soon as you can after the injury or the initial statute limitations (SOL) expires. There are however some exceptions to the SOL that may prolong the time required to file an action. A knowledgeable birth injury lawyer can explain the SOLs that are applicable to your situation and suggest an appropriate timeframe to file a lawsuit. Expert testimony is usually required to prove that the doctor's treatment fell below the standard for their specialty. A medical malpractice company that is certified, like Miller Weisbrod Olesky is able to work with highly-respected experts across the country to establish these facts in an injury claim involving birth. Making a Claim When a birth injury occurs it can cause lasting and life-altering injuries to the child, parents, and family members. A successful lawsuit could result in compensation for medical expenses, income loss as well as suffering and pain. It may also help cover the costs of equipment and therapies that are specialized. A successful claim will require expert medical testimony proving that the doctor, nurse or any other healthcare provider violated their duty to care and caused the child's injuries. A New Mexico birth injury lawyer can assist families in obtaining the justice they deserve with an action against the responsible healthcare provider or medical facility. It is important to note that medical malpractice claims have strict statutes. Lawyers can examine the specifics of the case to determine when the statute started to run, so that legal action may be taken before it expires. In certain instances doctors may be held liable for birth injuries, even if the medical error did not occur during the time of birth. This type of negligence may be the result of a delay in diagnosing or treating a maternal condition or the improper use of forceps during delivery, or a failed Caesarean section. Other causes of birth injury could be the lack of oxygen to the brain during labor or prolonged labor. A New Mexico birth-injury lawyer can review a case's facts to determine the possible accountable parties, including nurses, doctors, or hospitals. The lawsuits are usually filed against the hospital where the negligent healthcare professional was employed. It is not unusual for a defendant, or their attorney, to argue that there may be other causes for the injuries suffered by a baby. These could be genetic problems or fetal developmental issues. A New Mexico birth injury attorney can help the family of the victim counter this argument by establishing that there was evidence of malpractice and that the medical professional's actions or inability to act on their own directly caused the child's injuries. |
