The Work of a New Mexico Birth Injury Attorney
Unfortunately, many medical mistakes in the delivery room can cause serious birth injuries to newborns. dallas birth injury attorney can cause an entire lifetime of medical costs and medical care, which could cause financial hardship for families.
Birth injuries require the same proof as other malpractice claims. The medical professional must have acted in breach of their duty to provide reasonable medical treatment. This is a complicated 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 contain a wealth of information that may prove the doctor acted negligently. A competent attorney can determine the most important evidence and collect other documents that can be used to prove your claim.
The attorney will work closely with one or more medical experts to prove that the doctor did not meet the standards of medical care expected of professionals in the same field. A medical expert can help jurors understand how the doctor's failure to act or actions resulted in the injuries of your child.
If a medical professional can establish that the doctor's negligence caused your child's injuries the next step would be to determine what damages your child is entitled to. This includes past and future medical expenses and lost earnings over life, as well as pain and suffering.
Based on the severity of your child's injuries you may be legally entitled to damages, either punitive or exemplary. These additional damages are intended to penalize the at-fault medical professional for their extreme carelessness or disregard and deter others from acting similarly.
Many birth injuries result from medical mistakes during the birth of the baby. These mistakes can happen at any point during the pregnancy but are more likely to occur during labor and birth. Medical malpractice can cause permanent and serious injuries to both the mother and child.
Erb's palsy, shoulder dystocia, and brain damage are some of the most commonly occurring birth injuries. Erb's Palsy is a form of nerve damage that causes arm paralysis. It is typically caused by trauma in the delivery of the brachial plexus. Most often, this condition can be prevented with the right treatment and intervention.
New Mexico law has strict statutes that limit the time you have to file a lawsuit for medical malpractice. The attorney can determine whether your case is eligible for exemptions to these deadlines. Even the case is strong, it will be dismissed when the statute of limitations has expired. To ensure that your lawsuit is filed in time, it's important to speak with an New Mexico attorney for birth injury as soon as you are able to.
Preparing for trial
The preparation for a trial starts before the trial date and the legal teams analyze the evidence and develop their theories. They must then identify all witnesses and prepare their evidence. They will also have to compile all exhibits that will be used in the trial. They will also need to prepare jury instructions. All of this is crucial to present a successful claim and to secure compensation for the victims.
A birth injury that is caused by a medical error could be life-altering for a family. Children who suffer from these injuries require an entire lifetime of medical treatment and assistance. Families may require financial assistance to pay for therapies, treatments, and specialized equipment. An experienced New Mexico birth injuries attorney can help families recover compensation to cover these costs.
In order to start a lawsuit for birth injuries, a family must prove that their medical provider or doctor failed to provide the treatment that an experienced medical professional would have provided under similar circumstances. This is referred to as medical malpractice. To prove this, the party who was injured must prove four elements such as duty of care, breach of that duty, causation, and damages.
Many medical errors that cause birth injuries are simple mistakes like misdiagnosis or improper treatment of prenatal problems. Some are more complex such as shoulder dystocia, which can cause partial or total arm paralysis. Some birth injuries are only apparent later in childhood, as children begin to fail to meet developmental milestones.
It is crucial to speak with a birth injury lawyer as soon as you can after the injury or the initial statute limitations (SOL) expires. There are some exceptions to the SOL that can prolong the time frame for filing a lawsuit. A skilled lawyer for birth injuries can explain the SOLs that are applicable to your situation and suggest a timeline to file a lawsuit.
Medical malpractice claims involving birth injuries usually require expert testimony to prove that the doctor's treatment fell below the standards of care for their specialty. Miller Weisbrod Olesky is a qualified medical malpractice firm that works with highly regarded experts across the country to establish this fact in a birth injuries claim.
Making a Claim
Birth injuries can have a permanent and life-altering effect on the child, parents and the family. A successful claim may provide reimbursement for medical expenses and income loss, as well as pain and suffering. It may also help pay for the cost of specialized equipment and therapies. However an effective claim requires medical expert testimony to prove that the nurse, doctor, or other healthcare provider breached their duty of care and caused the child's injuries.
A New Mexico birth injury lawyer can help families receive the justice they deserve by filing a lawsuit against the responsible medical professional or healthcare facility. It is crucial to remember that medical malpractice lawsuits have strict statutes. Lawyers can look over the details of the case to determine when the statute began to run and legal action may be taken before the statute expires.
In some cases, doctors can be held accountable for birth injuries even though medical negligence wasn't committed at the time of birth. This type of negligence could be the result of a delay in diagnosing or treating a maternal issue, improper use of forceps during birth or a failing Caesarean section.
Other causes of a birth injury could be 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 and identify potential responsible parties, including doctors, nurses, and hospitals. These lawsuits are often filed against the institution where the negligent healthcare professional worked.
It is not unusual for defendant to claim that there are other reasons for the baby's injuries for instance, the genetic defect or fetal development issues. A New Mexico birth injuries attorney can help the victim's family counter this argument, by establishing there was evidence of medical malpractice, and that the professional's actions and inaction directly led in the child's injury.
Miller Weisbrod Olesky, a New Mexico birth injury attorney is able to examine the case. They can also engage one or more medical experts to prove that the healthcare provider's actions or inactions fall below the standard of care for similar situations. This is what caused the child's injuries. A successful case could result in the payment of past and future medical costs, lost income, pain and discomfort, and other damages.