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New Mexico Birth Injury Attorney Tools To Help You Manage Your Daily Lifethe One New Mexico Birth Injury Attorney Trick That Should Be Used By Everyone Learn
The Work of a New Mexico Birth Injury Attorney

Many medical errors during the delivery can cause severe birth injuries for newborns. These injuries can lead to the need for ongoing medical bills and care that deplete families' finances.

Like all malpractice lawsuits, birth injury cases must prove that the medical professional violated their duty to provide fair medical treatment. This is a difficult task.

Preparing a Claim

The legal process for a birth injury case begins with a review of the medical records of your child. These documents could contain valuable information that proves that the doctor was negligent. A competent lawyer will be able to determine the most crucial evidence, and also collect documents can be used to support your claim.

oklahoma city birth injury attorney will also collaborate with one or more medical experts to establish that the doctor's actions didn't adhere to the standards of care required by a professional in the same field. A medical expert can help the jury understand the reasons why the doctor's actions or failure to act led to the injuries your child sustained.

If a medical professional is able to demonstrate that your child's injuries were caused by the doctor's negligence, the next step is to determine what damages your child is likely to suffer. This includes future and past medical expenses and 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 eligible for punitive or exemplary damages. These additional damages are designed to penalize the medical professional responsible for their reckless inattention or carelessness and discourage others from acting in a similar way.

Medical mistakes made during the birth of a child are responsible for many birth injuries. These mistakes can occur at any time during pregnancy but are more likely to occur during labor and birth. Medical malpractice can result in serious and long-lasting injuries for both the mother and child.

The most frequent types of birth injuries include shoulder dystocia, brain damage, spinal cord injuries, and Erb's palsy. Erb's palsy is a type of nerve damage which causes paralysis in the arm. It is usually caused by a trauma during birth to the brachial-plexus. The condition can be prevented by the proper treatment and intervention.

New Mexico law has strict statutes of limitation that stipulate the time frame within which you can file a medical malpractice lawsuit. Your lawyer will determine if your case is eligible for an exception to these deadlines. If the statutes of limitation have run out, your case will be dismissed, even if have an excellent case. It is critical to speak with an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.

Preparing for the Trial

The process of preparing for a trial begins before the trial date itself when the legal teams examine the evidence and form their theories. They must then identify all witnesses and formulate their questions. They should also prepare all exhibits that will be used during the trial. They will also have to prepare jury instructions. All of this is essential for presenting a successful claim, and win compensation for the victims.

A birth injury caused by a medical error can have a life-changing impact on families. Children who suffer from such injuries will require medical treatment and care for the rest of their lives. Families may require assistance to pay for treatments, therapies and specialized equipment. A skilled New Mexico birth injury attorney can help families obtain financial compensation that will help pay for these requirements.

To file a lawsuit for birth injuries, a family has to demonstrate that the doctor or medical provider didn't provide the kind of care that a reasonable medical professional under similar circumstances would have given. This is referred to as medical malpractice. To prove this, the party who was injured must establish 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. Other complications are more complicated such as shoulder dystocia. This is a condition which can result in complete or partial arm paralysis. In some cases birth injuries are only evident later in childhood when the child starts missing developmental milestones.

Contacting a lawyer for birth injuries as early as you can after the injury is important as otherwise, the statute of limitations (SOL) could expire. However, there are some exceptions to the SOL which can extend the time for filing lawsuits. A skilled lawyer for birth injuries can explain the SOLs that are applicable to your case and recommend the best time frame for filing a suit.

Expert testimony is usually required to prove that the doctor's treatment was not up to par with the standards of their field of expertise. A medical malpractice company that is certified like Miller Weisbrod Olesky is able to work with highly-regarded experts around the country to prove these facts in a birth injury claim.

How to File a Claim

A birth injury can have a lasting and life-altering effect on the child, parents and family. A successful claim could offer compensation for current and future medical expenses, loss of income as well as pain and suffering. It may also cover the cost of specific therapies and equipment. However the claim must be backed by medical expert testimony to prove that the doctor, nurse, 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 through an action against the responsible medical provider or healthcare facility. However, it is important to know that medical malpractice lawsuits are subject to strict statutes of limitation. An attorney can look over the specifics of the case and determine when the statute of limitations was set to expire, in order for legal action to be initiated prior to the expiration date.


In some cases doctors can be held liable for birth injuries even if the medical error occurred at the time of birth. This type of negligence can result from a delay in diagnosing a maternal condition or improperly using forceps to deliver the baby, or even the failure of a Caesarean.

Birth injuries can be caused by insufficient 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. These lawsuits are typically filed against the hospital where the healthcare professional who was negligent worked.

It is not uncommon for the defendant, or their attorney, to claim that there are other causes for the baby's injuries. These could be genetic problems or fetal developmental issues. A New Mexico birth injuries attorney can help the victim's family fight 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.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and employ one or more expert medical witnesses to prove that a healthcare provider's decision or failure to act was not up to the standard of care in a similar situation and resulted in the child's injuries. A successful claim could result in compensation for future and past medical expenses, lost income, pain and discomfort, and other damages.