What Is New Mexico Birth Injury Attorney And Why Is Everyone Talking About It? The Work of a New Mexico Birth Injury Attorney

Many medical errors during the delivery can result in serious birth injuries in newborns. These injuries can lead to an entire life of medical bills and care that deplete families' finances.

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

Create a Claim

The legal process of a birth injury case begins with a thorough examination of your child's medical records. These documents may contain valuable information that proves that the doctor was negligent. A qualified attorney can identify the most crucial evidence and collect other documents that can be used to support your claim.

The lawyer will also collaborate with one or more medical experts to prove that the doctor did not meet the standard of medical care expected of professionals in the same field. Using an expert will help the jury understand how the doctor's actions, or failure to act led to your child's injuries.

If albuquerque birth injury attorney can show that the injuries suffered by your child were caused by the doctor's negligence The next step is to determine the damages your child will receive. This will include past and future medical expenses as well as loss of earnings over the course of a year as well as pain and suffering.

You could be entitled to damages for punitive or exemplary depending on the severity of the injuries your child sustained. These additional damages are designed to punish the medical professional for their recklessness or disregard and deter others from doing the same.

Many birth injuries are caused by medical errors during the birth of a baby. These mistakes can happen anytime during pregnancy, but they are most likely to happen during the delivery process. If a medical professional commits negligence, it could cause severe and permanent injuries to both the mother and infant.

Some of the most common birth injuries include shoulder dystocia, brain damage spinal cord injuries, and Erb's Palsy. Erb's palsy is a type of nerve damage that results in partial or total arm paralysis, and is typically caused by injury to the brachial plexus in birth. Most often, this condition can be prevented by proper treatment and intervention.


New Mexico law has strict statutes that limit the amount of time you have to make a claim for medical malpractice. The lawyer will determine if your case is eligible for exceptions to these deadlines. Even if your case is strong, it will be dismissed when the statute of limitations has expired. It is critical to get in touch with a New Mexico birth injury attorney promptly to ensure the timely filing of your lawsuit.

Prepare for Trial

The preparation for trial begins much ahead of the trial date, as legal teams examine the evidence and formulate their theories about the case. They must then determine the witnesses and prepare their evidence. They must also gather all evidence that will be used during the trial. They also have to prepare jury instructions. All of this is crucial to make a claim that is successful and secure compensation for the victims.

A birth injury that is the result of an error by a medical professional can cause life-altering effects for a family. Children who suffer from these injuries require a lifetime of medical care and services. Families may need help paying for treatments, therapies and equipment that is specialized. An experienced New Mexico birth injuries attorney can assist families in obtaining the compensation needed to cover these costs.

To file a lawsuit for birth injury, a family has to show that the doctor or medical provider did not provide the treatment that a reasonable medical professional under similar circumstances would have provided. This is known as medical malpractice. To prove medical negligence, the person who suffered must prove four elements: duty, breach of duty, causation and damages.

Many of the medical errors that cause birth injuries stem from simple errors, like incorrect diagnosis or treatment of prenatal complications. Certain are more complicated such as shoulder dystocia, which can cause partial or total arm paralysis. Some birth injuries are only apparent after childhood, when children begin to fail to meet developmental milestones.

Contacting a birth injury lawyer as early as you can after the injury is essential as otherwise, the initial statute of limitations (SOL) could run out. There are some exceptions to the SOL that can prolong the time frame for filing a suit. A skilled lawyer for birth injuries can explain the SOLs that are applicable to your case and recommend a timeline to file a lawsuit.

Medical malpractice claims involving birth injuries usually require expert testimony to prove that the medical professional's treatment was below the standard of care for their specialty. A qualified medical malpractice firm such as Miller Weisbrod Olesky is able to work with highly-regarded experts around the country to establish the facts of the case of a birth injury.

How to File a Claim

If a birth injury occurs it could cause lasting and life-altering injuries to the child parents, child, and family. A successful claim could provide compensation for future and present medical expenses, income loss as well as pain and suffering. It could also help cover the costs of specialized equipment and therapies. A successful claim will require an expert medical opinion that proves the doctor, the nurse, or any other healthcare provider breached their duty of caring and caused the child’s injuries.

A New Mexico birth injury lawyer can assist families to receive the justice they deserve by filing an action against the responsible medical provider or healthcare facility. It is crucial to understand that medical malpractice lawsuits are subject to strict statutes of limitation. A lawyer can review the details of the case and determine when the statute of limitations was set to expire, so that legal action can be taken before the statute of limitations expires.

In some instances, a doctor can be held liable for birth injuries even if the medical negligence did not occur at the time of delivery. This kind of negligence could result from the delay in diagnosing or treating a maternal condition or a mishap with forceps during delivery or a failed Caesarean section.

A birth injury could be caused by lack or prolonged labor. A New Mexico birth injury lawyer can examine the facts of a case and identify potential responsible parties, including doctors, nurses, and hospitals. These lawsuits are typically filed against the institution in which the negligent healthcare professional worked.

It is not uncommon for a defendant to argue that there could be other reasons for the baby's injuries like birth defects or fetal developmental issues. A New Mexico birth injuries attorney can help the victim's family counter this argument, by establishing there was evidence of medical malpractice, and that the actions of the medical professional and their failure to act directly resulted in the child's injury.

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