Why New Mexico Birth Injury Attorney Is A Lot More Risky Than You Thought The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical mistakes during delivery can result in severe birth injuries for newborns. These injuries can result in a lifetime of medical expenses and care, which can cause financial hardship for families.

Birth injury claims require the same evidence as other malpractice claims. The medical professional must have breached his or her obligation to provide reasonable medical treatment. This is a complex undertaking.

Preparing a Claim

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

The attorney will also work closely with one or more medical experts to prove that the doctor's actions didn't adhere to the standards of care expected by professionals in the same field. An expert can help the jurors to understand the reason why the doctor's omission to act or his actions led to the injuries of your child.

If a medical professional can prove that negligence by the doctor caused your child's injuries the next step would be to determine the amount of damages your child is entitled to. This includes past and future medical costs and lost earnings over the course of their lives, as well as suffering and pain.

You could be entitled damages for punitive or exemplary dependent on the severity of the injuries sustained by your child. These additional damages are intended to punish the at-fault medical professional for their extreme carelessness or disregard and deter others from doing the same.

Medical errors made during the delivery of a child are the reason for a variety of birth injuries. These errors can happen at any time during pregnancy, but they are most likely to happen during the delivery process. Medical malpractice can lead to severe and lasting injuries for both mother and child.

Some of the most common birth injuries are shoulder dystocia, brain damage spinal cord injuries, and Erb's Palsy. Erb's Palsy is one of the forms of nerve damage that results in arm paralysis. birth injury attorney pittsburgh is usually caused by a trauma during birth to the brachial-plexus. Often the condition can be prevented with proper treatment and intervention.

New Mexico law has strict statutes of limitations that dictate an imposed time limit within which you are able to make a claim for medical malpractice. The lawyer will determine if your case is eligible for exceptions to these deadlines. Even even if your case is a strong one, it will be dismissed if the time limit has passed. It is crucial to get in touch with a New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.

Preparing for Trial

The process of preparing for a trial begins earlier than the actual trial date, as the legal teams examine the evidence and establish their theory of the case. They must then determine the witnesses and prepare questions for them. They must also gather all exhibits that will be used during the trial. They will also need to prepare jury instructions. All of this is vital for presenting a successful claim and to secure compensation for victims.

A birth injury that is caused by a medical mistake can have a life-changing impact on the family. Children who suffer from injuries like this require a lifetime of medical care and services. Families may need help paying for treatments, therapies, 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 file a birth injury lawsuit the plaintiff's family must prove that their doctor or medical provider did not provide the kind of care that a reasonable medical professional would have provided under similar circumstances. This is known as medical malpractice. To prove medical negligence, the person who suffered must establish four elements: duty, breach of duty, causation, and damages.

Many of the medical errors that cause birth injuries are merely mistakes like misdiagnosis or improper treatment of prenatal issues. Certain are more complicated 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 important to contact a birth injuries lawyer as soon as you can after the injury, or the initial statute of limitations (SOL) will run out. However, there are some exceptions to the SOL that may extend the time for filing an action. A knowledgeable birth injury lawyer can explain the SOLs that are applicable to your situation and suggest a timeline to file a lawsuit.

Expert testimony is usually required to show that the doctor's treatment fell below the standard for their area of expertise. Miller Weisbrod Olesky is a qualified medical malpractice firm that works with highly regarded experts from across the country to prove this fact in a birth injury claim.

How to File a Claim

When a birth injury occurs it can cause irreparable and life-altering damage to the child parents, the child, and the family. A successful claim may pay for future and present medical expenses, loss of income as well as suffering and pain. It can also help to cover the costs of equipment and therapies that are specialized. However, a successful claim requires expert medical evidence to prove that the doctor, nurse, or any other healthcare provider breached their duty of care and caused the child's injuries.

A New Mexico birth injury attorney can assist families to obtain justice by making a claim against responsible medical professionals or the healthcare facility. It is important to note that medical malpractice claims have strict statutes. A lawyer can go over the details of the case and determine when the statute of limitations began to run so that legal action can be initiated prior to the expiration date.

In certain instances, doctors can be held responsible for birth injuries even though medical negligence was not present during the time of birth. This kind of negligence could be caused by an inability to diagnose an illness in the mother, or not properly using forceps to deliver the baby or even a failed Caesarean.

Birth injuries can be caused by insufficient or prolonged labor. A New Mexico birth-injury lawyer can examine the facts of a case to determine if there are any responsible parties, such as doctors, nurses or hospitals. In most cases the lawsuits are brought against the hospital in which the healthcare professional who was negligent was employed.

It is not unusual for the defendant or their lawyer to argue that there are other reasons behind the injuries suffered by a baby. These could be genetic problems or issues with fetal development. A New Mexico birth injury attorney can help the family and the victim counter this argument by establishing that there was evidence of negligence and that the medical professional's actions or failure 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 may also hire one or more medical experts to prove that the healthcare provider's actions or inactions fall short of the standard of care for similar situations. This is what caused the child's injuries. A successful claim could result in compensation for past and future medical expenses and lost income, as well as pain and discomfort, and other damages.