15 Documentaries That Are Best About New Mexico Birth Injury Attorney The Work of a New Mexico Birth Injury Attorney

Unfortunately, many mistakes made by doctors during the delivery can lead to serious birth injuries in newborns. These injuries can cause a lifetime of medical expenses and treatment, which can cause financial hardship for families.

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

Preparing a Claim

The legal procedure for a birth injury case begins with a review of the medical records of your child. These documents are full of evidence that can demonstrate that the doctor's negligence was at fault. A competent attorney can determine the most crucial evidence and gather documents that can be used to prove your claim.

The attorney will also collaborate with one or more medical experts to establish that the doctor did not meet the standards of care that would be expected of medical professionals working in the same specialty. A medical expert will help the jury understand how the doctor's actions, or inaction led to your child's injuries.

If a medical professional can establish that negligence by the doctor caused your child's injuries, the next step will be to determine the amount of damages your child is entitled to. This includes future and past medical costs, lost earnings throughout the course of their lives, as well as pain and suffering.

Based on the extent of your child's injuries you could be entitled to damages, either punitive or exemplary. These additional damages are designed to punish the medical professional responsible for their reckless negligence or disregard and to deter others from acting in the same manner.

Many birth injuries are caused by medical errors during the birth of an infant. These mistakes can happen anytime during pregnancy but are most likely to happen during labor and delivery. Medical malpractice can result in serious and long-lasting injuries for both mother and child.

Erb's shoulder dystocia, palsy and brain damage are some of the most common birth injuries. Erb's palsy is a type of nerve damage which causes paralysis in the arm. It is typically caused by trauma in the delivery of the brachial plexus. The condition can be prevented with the right treatment and intervention.

New Mexico law has strict statutes of limitations that impose the time frame within which you can file a medical malpractice lawsuit. The attorney can determine whether your case is eligible for an exception to these deadlines. If the statutes of limitation have expired and your case is dismissed, even if have an excellent case. It is critical to get in touch with an New Mexico birth injury attorney immediately to ensure the timely filing of your lawsuit.

Preparing for trial

The work of preparing for a trial starts much before the trial date, when legal teams examine the evidence and formulate their theories about the trial. They must then determine the witnesses and prepare their evidence. They must also gather all exhibits that will be used during the trial. They will also need to prepare jury instructions. All of this preparation is essential for presenting a successful claim and obtaining a fair amount of compensation for the victims.

A birth injury that is the result of a medical professional's mistake can have life-altering consequences for families. Children who suffer from such injuries require an entire lifetime of medical treatment and services. Families may need financial assistance to pay for therapy as well as treatments and equipment. birth injury legal counsel experienced New Mexico birth injuries attorney can help families recover compensation to cover these expenses.

To file a birth injury lawsuit the plaintiff's family must prove that their doctor or medical provider failed to provide the care that a reasonable medical professional would have given in similar circumstances. This is known as medical malpractice. To prove medical malpractice, the injured party needs to establish four elements that include breach of duty, causation and damages.

Many of the medical mistakes that cause birth injuries are based on simple errors, like the wrong diagnosis or inadequate treatment for prenatal complications. Others are complex such as shoulder dystocia, an illness that can cause complete or partial paralysis of the arm. In certain cases, birth injuries are only apparent later in childhood, as the child is unable to complete developmental milestones.

It is important to contact a birth injury lawyer as soon as you can after the injury or the initial statute of limitations (SOL) will expire. However, there are a few exceptions to the SOL that can extend the time for filing lawsuits. A knowledgeable birth injury attorney will explain the specific SOLs that apply to your situation and suggest an appropriate timeline for filing an action.

Birth injuries typically require expert testimony to prove that the doctor's treatment fell below the standard of care in their field. A reputable medical malpractice firm like Miller Weisbrod Olesky works with highly-regarded experts around the country to establish these facts in the case of a birth injury.

How to File a Claim

A birth injury can have a lasting and life-altering impact on a child, parents and the family. A successful claim may pay for future and present medical expenses, loss of income as well as suffering and pain. It may also help cover the costs of specialized 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 aggravated the child's injuries.

A New Mexico birth injury attorney can assist families to obtain the justice they deserve by filing a lawsuit against the responsible healthcare providers or medical facility. However, it is important to understand that medical malpractice lawsuits are subject to strict statutes of limitation. A lawyer can review details of the case to determine when the statute started to run, so that legal action can be taken prior to the expiration date.

In some instances doctors may be held accountable for birth injuries, even if medical negligence was not committed during the time of birth. This type of negligence could result from the delay in diagnosing the maternal condition, or by incorrectly using forceps to deliver the baby or even the failure of a Caesarean.

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 possible responsible parties, which could include doctors, nurses, and hospitals. The lawsuits are usually brought against the hospital in which the healthcare professional who was negligent worked.


It is not uncommon for defendant to argue that there could be other causes for the baby's injuries such as genetic defects or fetal developmental issues. A New Mexico birth injuries attorney can assist the family of the victim to counter this argument by proving the existence of evidence of medical malpractice and that the actions of the doctor and his inaction directly resulted in the child's injury.

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