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The Work of a New Mexico Birth Injury Attorney Unfortunately, many medical errors during the delivery process result in serious birth injuries for infants. These injuries can lead to the need for ongoing care and medical expenses which drain families' funds. Like all malpractice claims, birth injury cases must prove that the medical professional breached their duty to provide reasonable medical care. This is a difficult task. Prepare a Claim The legal process of a birth injury lawsuit begins with a review of the medical records of your child. These documents could contain valuable information that proves the doctor was negligent. An experienced attorney can pinpoint the most crucial evidence and also gather other documents that can be used to back your claim. The lawyer will also work with one or more medical experts to prove that the doctor did not meet the standard of care that should be expected by medical professionals working in the same specialty. Using an expert can assist the jury in understanding the reasons why the doctor's actions or failure to act caused your child's injuries. 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 the damages your child will receive. This includes past and future medical costs, lost earnings throughout life and suffering and pain. You could be entitled to punitive damages or exemplary damage depending on the severity of the injuries your child sustained. These additional damages are meant to penalize the medical professional who was at fault for their utter inattention or carelessness and to deter others from acting in the same way. Medical mistakes made during the birth of a baby are the cause for a variety of birth injuries. These mistakes can occur at any time during pregnancy however, they are more likely to occur during labor and delivery. Medical malpractice can cause severe and lasting injuries for both the mother and the child. Erb's shoulder dystocia, palsy and brain damage are some of the most common birth injuries. Erb's palsy is a form of nerve injury that can cause partial or total paralysis of the arm, and is typically caused by injury to the brachial nerve plexus during birth. The condition is usually preventable with the right treatment and intervention. New Mexico law has strict statutes that limit the time you must bring a lawsuit relating to medical malpractice. The attorney can determine whether your case qualifies for exceptions to these deadlines. If the statutes of limitations have run out and your case is dismissed, even if you have a strong case. It is imperative to contact a New Mexico birth injury attorney immediately to ensure the timely filing of your lawsuit. Prepare for the trial The work of preparing for a trial begins ahead of the trial date, as the legal teams survey the evidence and develop their theories of the trial. They must then identify all witnesses and write questions for them. They must also gather all exhibits which will be used in the trial. They will also have to prepare jury instructions. All of this preparation is essential to presenting a successful claim and obtaining a fair amount of compensation for victims. A birth injury that is caused by a medical error could have a life-changing impact on a family. Children who suffer from these injuries require an entire lifetime of medical treatment and assistance. Families may require financial assistance to cover the cost of therapies as well as treatments and equipment. An experienced New Mexico birth injury attorney can help families obtain financial compensation that will pay for these expenses. In order to file a lawsuit for birth injuries, the family has to prove that the doctor or medical professional did not provide the treatment a reasonable medical professional in similar circumstances would have provided. This is referred to as medical malpractice. To prove medical malpractice, the injured party must establish four elements such as breach of duty, causation, and damages. Many of the medical errors that cause birth injuries are based on simple mistakes, such as misdiagnosis or improper treatment of prenatal complications. Others are complex, such as shoulder dystocia, a condition that can lead to total or partial arm paralysis. Some birth injuries are only apparent later in childhood, as the child begins to fail to meet developmental milestones. Contacting a birth injury lawyer as early as you can after the injury is essential, otherwise the initial statute of limitations (SOL) may expire. There are some exceptions to the SOL which may extend the time period for filing a lawsuit. A knowledgeable birth injury lawyer can explain the SOLs that apply to your situation and suggest the best time frame to file a lawsuit. Medical malpractice claims involving birth injuries typically involve expert testimony to establish that the doctor's care fell below the standards of care for their specialty. Miller Weisbrod Olesky is a qualified medical malpractice firm that collaborates with highly respected experts across the country to prove this fact in a birth injury case. Making a Claim Birth injuries can have a permanent and life-altering impact on a child, parents and the family. A successful claim may provide compensation for medical expenses, income loss and pain and suffering. It could also help cover the costs of specialized equipment and therapies. A successful claim will require an expert medical opinion that proves the doctor, nurse, or any other healthcare professional breached their duty of caring and caused the child’s injuries. A New Mexico birth injury lawyer can help families receive the justice they deserve through a lawsuit filed against the responsible medical professional or healthcare facility. However, it is important to be aware that medical malpractice claims are subject to strict statutes of limitation. A lawyer can review details of the case to determine when the statute started to run, so that legal action can be taken before it expires. In certain instances, a doctor can be held accountable for birth injuries, even if the medical error was not present during the time of birth. This type of negligence may be due to a delay in diagnosing or treating a maternal problem or the improper use of forceps during delivery or a failing Caesarean section. Other causes of a birth injury include the lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to identify possible responsible parties, such as doctors, nurses or hospitals. Often these lawsuits are filed against the facility where the negligent healthcare professional was employed. It is not uncommon for a defendant to argue that there are other possible causes for the baby's injuries such as birth defects or fetal developmental issues. A New Mexico birth injuries attorney can assist the family of the victim fight this argument by proving that the existence of evidence of medical malpractice and that the professional's actions and inaction directly led in the child's injury. phoenix birth injury attorney 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 was not up to the standard of care in a similar scenario and caused the child's injuries. A successful claim may result in compensation for past and future medical expenses as well as lost income, pain and discomfort, and other damages.