The History Of New Mexico Birth Injury Attorney In 10 Milestones The Work of a New Mexico Birth Injury Attorney

Unfortunately, many medical errors during the delivery process can cause serious birth injuries for newborns. These injuries can result in a lifetime of medical expenses and medical care, which could drain the finances of families.

Birth injuries require the same proof requirements as other malpractice claims. The medical professional must have violated his or her obligation to provide a reasonable medical treatment. This is a complicated task.

Create a Claim

The legal procedure for a birth injury lawsuit begins with a review of the medical records of your child. These documents may contain valuable information that proves the doctor was negligent. An experienced attorney can pinpoint the key pieces of evidence and collect other documents that can be used to support your claim.

The attorney will also collaborate with one or more medical experts to prove that the doctor's actions didn't meet the standard of care required by a professional in the same field. An expert's testimony will help the jury understand how the doctor's actions or failure to act led to the injuries suffered by your child.

If a medical professional is able to prove that your child's injuries resulted from the doctor's negligence, the next step is to determine what damages your child could be liable for. This includes future and past medical expenses as well as lost earnings throughout life, as well as pain and suffering.

You may be entitled to punitive damages or exemplary damage depending on the severity of the injuries that your child sustained. These additional damages are designed to penalize the at-fault medical professional for their extreme carelessness or disregard and deter others from committing the same actions.

Medical mistakes made during the delivery of a child are responsible for numerous birth injuries. These mistakes can occur at any point during the pregnancy but are more likely to occur during labor and delivery. When a medical professional commits error, it can lead to grave and long-lasting injuries to both the mother and child.

Some of the most common types of birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb's paralysis. Erb's Palsy is a kind of nerve damage that causes partial or complete arm paralysis, and is typically caused by injury to the brachial nerve plexus during the birth. The condition is usually preventable with the correct treatment and treatment.

New Mexico law has strict statutes of limitation that stipulate an imposed time limit within which you can make a claim for medical malpractice. Attorneys can determine if your case is eligible for exceptions to these deadlines. Even the case is strong, it will be dismissed in the event that the statute of limitations has expired. To ensure that your lawsuit is filed in time, it's important to contact a New Mexico attorney for birth injury as soon as you are able to.

Preparing for the Trial

The preparation for trial begins much before the trial date, as legal teams survey the evidence and develop their theories of the case. They then must identify all witnesses and prepare their questions. They should also collect all exhibits which will be used during the trial. They also have to prepare jury instructions. birth injury attorney washington county of this is crucial for presenting a successful claim and to secure compensation for the victims.


A birth injury that is caused by a medical error could cause a profound impact on the family. Children who suffer from these injuries require an entire lifetime of medical treatment and treatments. Families may require financial aid to cover the cost of therapies or treatments as well as specialized equipment. A skilled New Mexico birth injury attorney can help families obtain financial compensation that can help pay for these requirements.

To file a birth injury lawsuit the family must show that their doctor or medical provider failed to provide the care that an experienced medical professional would have given in similar circumstances. Medical malpractice is exactly what it is. To prove this, the party who was injured must prove four elements: duty of care, breach of this duty, causation, and damages.

Many of the medical mistakes that result in birth injuries stem from simple mistakes, such as misdiagnosis or improper treatment of prenatal complications. Some are more complex such as shoulder dystocia that can cause partial or total arm paralysis. In certain cases birth injuries, they only become apparent later in childhood, as the child starts missing developmental milestones.

Contacting a lawyer for birth injuries as soon as you can after the injury is important as otherwise, the initial statute of limitations (SOL) could run out. There are exceptions to the SOL that can extend the time limit for filing a lawsuit. An experienced birth injury lawyer will explain the specific SOLs that apply to your case and recommend an appropriate timeline for filing an action.

Expert testimony is typically required to demonstrate that the doctor's care was not in line with the standards for their area of expertise. Miller Weisbrod Olesky is a qualified medical malpractice firm which works with highly respected experts from across the country to prove this fact in a birth injuries claim.

How to Claim?

If a birth injury occurs it can cause permanent and life-altering damages to the child, parents, and family. A successful claim could provide compensation for medical expenses and income loss as well as pain and suffering. It can also pay for specific therapies and equipment. A successful claim requires an expert medical opinion that proves the doctor, the nurse, or any other healthcare professional breached their duty of caring and caused the child’s injuries.

A New Mexico birth injury attorney can assist families in obtaining the justice they deserve by making a claim against responsible healthcare providers or medical facility. It is important to note that medical malpractice claims have strict statutes. An attorney can look over the details of the case and determine the time when the statute of limitation was set to expire, to ensure that legal action can be taken before the statute of limitations expires.

In some instances doctors may be held accountable for birth injuries even if medical negligence wasn't committed at the time of birth. This type of negligence may be the result of a delay in diagnosing or treating a maternal problem or a mishap with forceps during delivery or a failed Caesarean section.

Other causes of a birth injury include an insufficient supply 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 determine the possible accountable parties, including nurses, doctors or hospitals. Often the lawsuits are filed against the facility where the healthcare professional who was negligent was employed.

It is not uncommon for a defendant to argue that there are other possible causes for the baby's injuries for instance, genetic defects or fetal developmental issues. A New Mexico birth injuries attorney can assist the family of the victim fight this argument by establishing the existence of evidence of medical malpractice and that the actions of the doctor and his inaction directly led in the child's injuries.

A New Mexico birth injury lawyer at Miller Weisbrod Olesky can investigate the case and hire one or more medical experts to establish that a healthcare provider's decision or failure to act fell below the standard of care in a similar situation and resulted in the child's injuries. A successful case can result in compensation damages, which can include future and past medical expenses, loss of income, pain and suffering, and other damages.