Everything You Need To Know About New Mexico Birth Injury Attorney Dos And Don'ts
The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical mistakes during the delivery process can cause serious birth injuries for infants. These injuries can result in a lifetime of medical costs and treatment that drain families' budgets.
Birth injury claims require the same evidence as other malpractice claims. The medical professional must have acted in breach of his or her duty to provide reasonable medical care. This is a complicated undertaking.
Create a Claim
The legal process of a birth injury claim begins with a thorough examination of the medical records of your child. These documents may contain valuable information that proves that the doctor was negligent. A competent lawyer will be able to find the most important evidence, and collect documents that can be used to prove your claim.
The attorney will also collaborate with one or more expert medical witnesses to establish that the doctor's actions were not up to the standards of care that would be expected by a medical professional in the same specialty. atlanta birth injury attorneys can help jurors to understand how the doctor's failure to act or his actions resulted in the injuries of your child.
If the medical expert can prove that your child's injuries were caused by the doctor's negligence, the next step is determining what damages your child could be liable for. This includes the future and past medical expenses, lost earnings over the course of a lifetime as well as pain and suffering.
Based on the severity of your child's injuries you could be legally entitled to damages, either punitive or exemplary. These additional damages are intended to punish the at-fault medical professional for their recklessness or inattention, and to deter others from acting similarly.
Many birth injuries are caused by medical errors during the delivery of a baby. These errors can occur at any time during the pregnancy however, they are more likely to occur during labor and birth. When a medical professional commits negligence, it could cause severe and permanent injuries to both the mother and infant.
Erb's palsy, shoulder dystocia, and brain damage are just a few of the most common birth injuries. Erb's palsy is a type of nerve damage that results in paralysis in the arm. It is typically caused by trauma in the delivery of the brachial-plexus. The condition can be prevented with the correct treatment and intervention.
New Mexico law has strict statutes of limitations that dictate a limited time period during which you can file a medical malpractice lawsuit. The lawyer will determine if your case qualifies for exceptions to these deadlines. If the statutes of limitations have expired and your case is dismissed even if you have a strong case. To ensure that your lawsuit is filed on time, it's important to contact a New Mexico attorney for birth injury as soon as you are able to.
Prepare for trial
The preparation for a trial begins ahead of the trial date, when legal teams survey the evidence and develop their theories about the case. They then must identify all witnesses and formulate their questions. 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 present a successful claim, and win compensation for victims.
A birth injury caused by a medical error could have a life-changing impact on families. Children who suffer from injuries like this require a lifetime of medical care and assistance. Families may need financial assistance to cover the cost of therapies, treatments, and specialized equipment. An experienced New Mexico birth injury attorney can assist families in obtaining the financial compensation needed to pay for these expenses.
To bring a lawsuit against a birth injury, a family has to show that the doctor or medical provider didn't provide the kind of care a reasonable medical professional in similar circumstances would have provided. This is known as medical malpractice. To prove this, the victim must establish four elements: duty of care, breach of this duty, causation, and damages.
Many of the medical errors that cause birth injuries are merely mistakes like misdiagnosis and inadequate treatment of prenatal problems. Some are more complex, like shoulder dystocia which could result in total or partial arm paralysis. Some birth injuries only become apparent after childhood, when a child starts to miss developmental milestones.
Contacting a birth injury lawyer as soon as you can after the injury is crucial, otherwise the initial statute of limitations (SOL) could expire. However, there are some exceptions to the SOL which can prolong the time required to file lawsuits. An experienced birth injury lawyer can provide specific SOLs that apply to your situation and suggest an appropriate time frame to file a lawsuit.
Birth injuries typically involve expert testimony to prove that the doctor's care fell below the standards of care they provide in their specialization. A medical malpractice company that is certified, like Miller Weisbrod Olesky works with highly-regarded experts around the country to prove the facts of a birth injury claim.
How to File a Claim
Birth injuries can cause a permanent and life-altering effect on the child, parents and the family. A successful claim may provide compensation for medical expenses and income loss and suffering and pain. It may also pay for special equipment and therapies. A successful claim will require an expert medical opinion that proves the doctor, nurse or any other healthcare provider did not fulfill their duty of care and caused the child's injuries.
A New Mexico birth injury attorney can help families get justice by filing a lawsuit against responsible medical provider or healthcare facility. It is important to note that medical malpractice claims have strict statutes. Lawyers can look over the details of the case to determine when the statute began to run and legal action can be taken before the statute expires.
In some instances doctors can be held liable for birth injuries, even if the medical negligence did not occur at the time of delivery. This type of negligence could be caused by a delay in diagnosing the maternal condition, or by incorrectly using forceps to deliver the baby, or even the failure of a Caesarean.
A birth injury can also be the result of a insufficient or prolonged labor. A New Mexico birth-injury lawyer can analyze the case's details to identify possible accountable parties, including doctors, nurses or hospitals. Often the lawsuits are filed against the facility where the healthcare professional who was negligent was employed.
It is not unusual for a defendant or their attorney to claim that there may be other causes for the injuries of a baby. These could be genetic problems or fetal development issues. A New Mexico birth injury attorney can assist the family and the victim to counter this argument by proving 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.
Miller Weisbrod Olesky, a New Mexico birth injury attorney, can investigate the case. They can also engage one or more medical experts to determine that the healthcare provider's actions or inactions fall short of the standard of care for a similar circumstance. This is what caused the child's injuries. A successful case could result in compensation for past and future medical expenses, lost income, pain and discomfort, and other damages.