Are New Mexico Birth Injury Attorney As Important As Everyone Says? The Work of a New Mexico Birth Injury Attorney

Unfortunately, many mistakes made by doctors during delivery can result in serious birth injuries in newborns. These injuries can lead to an ongoing medical bill and care, which can cause financial hardship for families.

Birth injury claims require the same proof as other malpractice claims. The medical professional must have breached their duty to provide reasonable medical treatment. This is a complex undertaking.

Prepare a Claim

The legal procedure for a birth injury lawsuit begins by analyzing the medical records of your child. texas birth injury attorneys contain a wealth of information that may prove the doctor acted negligently. A qualified lawyer will be able to identify key pieces of evidence and gather documents that can be used to prove your claim.

The lawyer will also collaborate with one or more expert medical witnesses to prove that the doctor did not meet the standard of care that would be expected by a medical professional in the same specialty. Using an expert can assist the jury in understanding how the doctor's actions, or failure to act led to your child's injuries.

If a medical professional can prove that negligence by the doctor caused your child's injuries The next step will be to determine what damages your child is entitled to. This includes future and past medical costs and lost earnings over a lifetime and pain and suffering.

You could be entitled to punitive damages or exemplary damage dependent on the severity of the injuries sustained by your child. These additional damages are meant to penalize the medical professional who was at fault for their utter negligence or disregard, and deter other people from acting in a similar manner.

Medical errors made during the birth of a child are responsible for a variety of birth injuries. These mistakes can happen at any time during pregnancy but are more likely to occur during labor and birth. Medical malpractice can lead to permanent and serious injuries to both the mother and child.

The most frequent birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb's paralysis. Erb's Palsy is a form of nerve damage which causes arm paralysis. It is typically caused by a trauma during birth to the brachial plexus. The condition is usually preventable by the proper treatment and intervention.

New Mexico law has strict statutes of limitations that dictate an imposed time limit within which you can bring a medical malpractice lawsuit. Your lawyer will determine if your case is eligible for an exception to these deadlines. Even if your case is strong it could be dismissed in the event that the statute of limitations has run out. It is crucial to get in touch with an New Mexico birth injury attorney immediately to ensure timely filing of your lawsuit.

Prepare for Trial

Preparation for a trial begins prior to the trial date when the legal teams examine the evidence and develop their theories. They must then identify all witnesses and write questions for them. They should also prepare all the evidence that will be used during the trial. They will also have to prepare jury instructions. All of this is vital to present a successful claim and to secure compensation for the victims.

A birth injury caused by the negligence of a medical professional could result in life-altering consequences for a family. Children who suffer injuries like this will require medical treatment and care for the rest of their lives. Families may require financial aid to pay for therapies, treatments, and specialized equipment. A skilled New Mexico birth injury attorney can help families recover the financial compensation needed to cover the costs of these requirements.

To bring a lawsuit against a birth injuries, a family has to show that the doctor or medical professional did not provide the care a reasonable medical professional in similar circumstances would have provided. Medical malpractice is what it is. To prove this, the party who was injured must establish four elements that include duty of care, breach of that duty, causation, as well as damages.

A lot of medical mistakes that result in birth injuries are based on simple errors, like misdiagnosis or improper treatment of prenatal complications. Others are complex such as shoulder dystocia, which is a condition that can cause partial or total arm paralysis. Some birth injuries are only apparent later in childhood, when a child starts to fail to meet developmental milestones.

It is crucial to contact a birth injuries lawyer as soon as possible after the injury, or the initial statute of limitations (SOL) will run out. However, there are some exceptions to the SOL that can prolong the time to file a lawsuit. A skilled lawyer for birth injuries can explain the SOLs that are applicable to your case and recommend an appropriate timeframe to file a lawsuit.


Medical malpractice claims involving birth injuries typically involve expert testimony to establish that the medical professional's treatment was below the standard of care they provide in their specialization. A reputable medical malpractice firm, like Miller Weisbrod Olesky is able to work with highly-regarded experts around the country to prove these facts in an injury claim involving birth.

How to File a Claim

If a birth injury happens it could cause lasting and life-altering injuries to the child parents, child, and family members. A successful claim could provide reimbursement for medical expenses and income loss and suffering and pain. It can also help to cover the costs of equipment and therapies that are specialized. However, a successful claim requires medical expert testimony to prove that the doctor, nurse, or any other healthcare provider did not fulfill 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 filed against the responsible medical provider or healthcare facility. It is crucial to know that medical malpractice lawsuits are subject to strict statutes of limitation. A lawyer can review the details of the case and determine the time when the statute of limitation began to run in order for legal action to be initiated before it expires.

In certain instances doctors can be held accountable for birth injuries even if the medical error did not occur at the time of birth. This type of negligence may result from a delay in diagnosing or treating a maternal issue or the improper use of forceps during delivery or a failed Caesarean section.

Birth injuries can be caused by absence or prolonged labor. A New Mexico birth injury lawyer will review the details of a case to identify the parties who could be responsible, such as nurses, doctors and hospitals. Most often the lawsuits are filed against the facility where the healthcare professional who was negligent was employed.

It is not unusual for defendant to argue that there are other causes for the baby's injuries like birth defects or fetal developmental issues. A New Mexico birth injuries attorney can assist the family of the victim counter this argument, by establishing the existence of evidence of medical malpractice, and that the actions of the medical professional and their inaction directly led in the child's injury.

Miller Weisbrod Olesky, a New Mexico birth injury attorney will investigate the situation. They may also hire one or more medical experts to establish that the healthcare provider's actions or inactions were below the standard care for similar situations. This is what caused the child's injuries. A successful claim could result in compensation for past and future medical costs and lost income, as well as discomfort and pain, as well as other damages.