How To Find Out If You're Are Ready To New Mexico Birth Injury Attorney The Work of a New Mexico Birth Injury Attorney

Many medical errors during delivery can lead to severe birth injuries for newborns. These injuries can result in the need for ongoing medical bills and care that drain families' budgets.

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

Prepare a Claim

The legal procedure for a birth injury case starts with an evaluation of the medical records of your child. These documents contain a wealth of information that could prove the doctor acted negligently. An experienced attorney can identify key pieces of evidence, and collect documents you can use to support your claim.

The attorney will also work with one or more expert medical witnesses to establish that the doctor did not meet the standard of care that should be expected by medical professionals in the same field. 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 is able to prove that your child's injuries resulted from a doctor's negligence, the next step is determining what damages your child could be liable for. This includes past and future medical expenses, lost earnings over a lifetime, and pain and suffering.

Depending on the severity of your child's injuries you could be legally entitled to punitive or exemplary damages. These additional damages are intended to punish the medical professional for their recklessness or disregard and deter others from doing the same.

Medical mistakes made during the delivery of a child are the reason for numerous birth injuries. These mistakes can occur at any time during pregnancy however they are most likely to occur during labor and delivery. If a medical professional commits error, it can lead to severe and permanent injuries to both the mother and infant.

Erb's palsy, shoulder dystocia, and brain damage are some of the most common birth injuries. Erb's Palsy is one of the forms of nerve damage that causes arm paralysis. It is usually caused by trauma during delivery to the brachial-plexus. This condition is often preventable with the right treatment and treatment.

New Mexico law has strict statutes that limit the time you have to make a claim for medical malpractice. Your attorney will determine if your case qualifies to be exempt from these deadlines. If the statutes of limitation have run out, your case will be dismissed, even if you have an excellent case. It is crucial to speak with an New Mexico birth injury attorney as soon as possible to ensure timely filing of your lawsuit.

Prepare for Trial

The process of preparing for a trial begins before the trial date, as the legal teams examine the evidence and formulate their theories. Then, they must identify all witnesses and prepare questions for them. They should also prepare all the evidence that will be used in the trial. They must also prepare jury instructions. All of this is crucial for presenting a successful claim, and win compensation for the victims.

A birth injury that is caused by a medical error could be life-altering for the family. Children who suffer from injuries like this require a lifetime of medical care and treatments. Families may need assistance paying for treatments, therapies, and equipment that is specialized. birth injury attorney bronx experienced New Mexico birth injuries attorney can help families obtain compensation to cover these costs.

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

Many medical errors that result in birth injuries are simple errors like misdiagnosis and inadequate treatment of prenatal problems. Some are more complex such as shoulder dystocia, which could result in total or partial arm paralysis. Some birth injuries only show up after childhood, when children begin to fail to meet developmental milestones.

Contacting a birth injury attorney as soon as you can following the injury is crucial in order to avoid the time frame when the statute of limitations (SOL) may expire. There are however some exceptions to the SOL which can extend the time for filing lawsuits. A skilled birth injury lawyer can explain the SOLs that are applicable to your situation and suggest the best time frame for filing a suit.

Expert testimony is often required to show that the doctor's treatment was not up to par with the standards of their field of expertise. A reputable medical malpractice firm like Miller Weisbrod Olesky is able to work with highly-respected experts across the country to prove these facts in a birth injury claim.

How to File a Claim

A birth injury can have a permanent and life-altering impact on a child, parents and family. A successful claim could provide reimbursement for medical expenses and income loss as well as pain and suffering. It can also be used to pay for special equipment and therapies. A successful claim requires expert medical testimony proving that the doctor, nurse or any other healthcare professional violated their duty to care and caused the child’s injuries.

A New Mexico birth injury lawyer can help families receive the justice they deserve with a lawsuit against the responsible medical provider or healthcare facility. However, it is important to know that medical malpractice claims are subject to strict statutes of limitation. Lawyers can examine the specifics of the case to determine when the statute began to run and legal action may be taken before it expires.


In some instances, doctors can be held responsible for birth injuries, even if medical negligence wasn't present at the time of delivery. This type of negligence can be caused by an inability to diagnose the maternal condition, or by not properly using forceps to deliver the baby, or even the failure of a Caesarean.

A birth injury could also be caused by a insufficient or prolonged labor. A New Mexico birth injury lawyer can examine the facts of a case to determine the parties who could be responsible, such as doctors, nurses and hospitals. The lawsuits are usually filed against the hospital in which the negligent healthcare professional was employed.

It is not unusual for defendant to argue that there are other possible reasons 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 proving that there was evidence of medical malpractice and the actions of the doctor and his inaction directly resulted 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 establish that a healthcare provider's actions or inability 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 damages, which can include past and future medical expenses as well as loss of income, pain and suffering, and other damages.