New Mexico Birth Injury Attorney: The Good And Bad About New Mexico Birth Injury Attorney The Work of a New Mexico Birth Injury Attorney

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

Like all malpractice claims, birth injury cases need to prove that the medical professional violated their obligation to provide reasonable medical treatment. This is a complicated task.

Preparing a Claim

The legal process of a birth injury case begins with a review of the medical records of your child. These documents are full of information that may demonstrate that the doctor's negligence was at fault. A qualified attorney will be able to identify key pieces of evidence, and also collect 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 standards of care that would be expected by medical professionals in the same field. A medical expert can help jurors to understand the reasons why the doctor's inability to act or his actions resulted in the injuries of your child.

If a medical professional can 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 will include future and past medical expenses, loss of earnings over the course of a year, and suffering and pain.

You may be entitled to damages for punitive or exemplary in proportion to the severity of the injuries sustained by your child. These additional damages are intended to punish the medical professional for their extreme carelessness or disregard and deter others from committing the same actions.

Many birth injuries result from medical mistakes during the birth of the baby. These mistakes can occur at any time during pregnancy however, they are more likely to occur during labor and birth. Medical malpractice can lead to serious and long-lasting injuries for both mother and child.

Erb's shoulder dystocia, palsy and brain damage are just a few of the most commonly occurring birth injuries. Erb's palsy is a form of nerve injury that can cause partial or total arm paralysis and is usually caused by trauma to the brachial plexus in delivery. The condition can be prevented with the correct treatment and intervention.

New Mexico law has strict statutes of limitations that dictate the time frame within which you can bring a medical malpractice lawsuit. Your lawyer will determine if your case is eligible for an exemption to these deadlines. If the statutes of limitations have run out and your case is dismissed, even if you have a strong case. To ensure that your lawsuit is filed on time, it's important to get in touch with a New Mexico attorney for birth injury as early as you can.

Preparing for the Trial

The process of preparing for a trial begins much earlier than the trial date, as the legal teams examine the evidence and formulate their theories. They must then 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 preparation is crucial to presenting a winning claim and obtaining a fair amount of compensation for victims.

A birth injury caused by a medical professional's mistake can result in life-altering consequences for a family. Children who suffer from such injuries will require medical treatment and care throughout their lives. Families may require assistance to pay for therapies, treatments, and specialized equipment. An experienced New Mexico birth injuries attorney can help families obtain compensation to cover these costs.

To bring a lawsuit against a birth injury, a family has to prove that the medical professional did not provide the treatment that a reasonable medical professional under similar circumstances would have given. This is known as medical malpractice. To prove this, the party who was injured must prove four elements that include duty of care, breach of that duty, causation, as well as damages.

A lot of medical mistakes that cause birth injuries are based on simple errors, such as misdiagnosis or improper treatment of prenatal complications. Some are more complex such as shoulder dystocia, which could result in total or partial arm paralysis. In some cases, birth injuries are only apparent later in childhood, as the child starts missing developmental milestones.


Contacting a birth injury attorney as early as you can after the injury is crucial as otherwise, the statute of limitations (SOL) may expire. There are some exceptions to the SOL that can extend the time limit for filing a lawsuit. An experienced birth injury lawyer will explain the specific SOLs applicable to your particular case and recommend an appropriate time frame to file an action.

Expert testimony is usually required to prove that the doctor's treatment was not in line with the standards for their field of expertise. A qualified medical malpractice firm such as Miller Weisbrod Olesky, works with highly-regarded experts around the country to prove the facts of an injury claim involving birth.

How to Claim?

When a birth injury occurs it could cause lasting and life-altering injuries to the child, parents, and family. A successful claim could provide compensation for medical expenses, income loss as well as pain and suffering. It may also be used to pay for specific therapies and equipment. However the claim must be backed by expert medical testimony to establish that the doctor, nurse, or any other healthcare professional breached their duty of care and caused the child's injuries.

A New Mexico birth injury lawyer can assist families to receive the justice they deserve by filing a lawsuit against the responsible medical provider or healthcare facility. It is crucial to know that medical malpractice claims are subject to strict statutes of limitation. A lawyer can review the specifics of the case and determine the time when the statute of limitation began to expire in order for legal action to be taken before the statute of limitations expires.

In certain instances doctors may be held accountable for birth injuries even though medical negligence wasn't present at the time of birth. This type of negligence may be the result of the delay in diagnosing or treating a maternal problem, improper use of forceps during delivery or a failed Caesarean section.

Other causes of birth injury are a lack of oxygen to the brain during labor or a prolonged labor. A New Mexico birth injury lawyer will review the details of a case and identify possible responsible parties, which could include nurses, doctors and hospitals. washington birth injury attorney are usually brought against the hospital in which the negligent healthcare professional worked.

It is not uncommon for defendant to claim that there could be other causes for the baby's injuries for instance, the genetic defect or fetal development issues. A New Mexico birth injury attorney can help the victim and their family to counter this argument by proving that there was evidence of malpractice and that the medical professional's actions or inability to act on their own directly caused the child's injuries.

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