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Why You Should Hire a Birth Injury Attorney Birth injuries can cause devastating effects on families. They can cause long-term physical disabilities or mental distress. They can also impact a child's quality of life. A qualified birth injury attorney can help you obtain compensation. The Law Offices of Tim Chelpaty provide legal assistance to Las Cruces residents and those who reside in the surrounding areas. The firm is involved in cases involving car accident, personal injury, and family law. Birth injuries The birth of a child can be one of the most exciting moments in a parent's lifetime. If medical negligence causes the parents to experience pain and anxiety, they may be entitled compensation. An attorney who is experienced in birth injuries can help them obtain justice. There are many factors that can cause birth injuries, and they can affect both the mother and the baby. These can be minor injuries that can be healed over time to serious birth defects, like cerebral palsy. An attorney for birth injuries can help the family members of the victim seek a medical malpractice claim against the hospital or doctor who caused the injury. A successful medical malpractice case requires proof that the healthcare professional acted in breach of their duty of care during pregnancy, labor and delivery. The plaintiff (mother), must also prove the medical professional's breach of duty caused the child's injuries. A good lawyer will consult with expert witnesses to establish these legal elements. Experts are able to testify to the quality of care that would be given by a qualified medical specialist with the same specialization in the circumstances. If a birth is difficult, a baby’s skull may fracture. This is because it could be difficult for the baby to get through the birth canal. In these instances medical professionals may resort to force to help the baby pass through the birth canal. In certain instances, medical staff may use excessive force on the head or shoulders of the baby to help them. Sometimes, a medical device may be defective and cause birth injury. In these situations, family members and victims can bring a lawsuit for product liability against the manufacturer of the device. In a birth injury case the amount of damages awarded may be used to cover rehabilitation, treatment, and other costs. They can also include non-economic damages, which are intended to compensate victims for their pain and loss of enjoyment life. A New Mexico birth injury attorney can assist victims in obtaining compensation for medical bills loss of income, emotional stress. They may also seek damages for punitive harm if the actions of the at-fault person were extremely negligent, reckless or malicious. Medical malpractice Medical malpractice is a form of negligence that occurs when a physician or other health care professional does not provide the right treatment for the patient. This can cause grave injuries or even fatalities. It is essential to know the potential dangers associated with these types of mistakes and the laws that protect your rights. A birth injury lawyer can help you navigate these laws. A New Mexico birth injury attorney can assist you in recovering compensation for injuries to your child caused by medical negligence. This compensation can pay for future treatments, therapy and equipment specialized to treat the child's illness. Your lawyer can also help you file the proper documents with the medical board, and also obtain the required hospital and medical records. Many medical facilities, as well as doctors, are liable for birth injury claims. This includes private hospitals, state or county run facilities, and even military hospitals. If your child was injured by medical negligence in an army hospital you may have up to nine years to file a lawsuit. Examples of medical malpractice in labor and birth include a lack of oxygen to the brain (hypoxic Ischemic Encephalopathy, or HIE) and spinal cord injuries as well as cerebral palsy, and Erb's Palsy. dallas birth injury attorney of injuries could result in severe disabilities that may affect your child's physical and emotional development. These injuries could have a delayed impact on the development of your child. Miller Weisbrod Olesky's lawyers will investigate your child's injury to determine the cause and determine liability. They can obtain medical records, including the results of tests and fetal monitoring, surgical notes, as well as communication with your physician and hospital staff. They can also connect you with local medical providers who specialize in treating children who have suffered birth injury. Miller Weisbrod Olesky attorneys are proficient in identifying any malpractice in calculating damages, and determining the right amount. They work closely together with expert witnesses to help you establish the essential aspects of your case. This includes the diagnosis of your child's injury and the impact it has on your child's daily life, and the extent of your losses. Statute of limitations The statute of limitations is the time period within which a plaintiff has to file a legal claim against the defendant. It begins when the injury occurred or when it was discovered, whichever is later. Generally, it is best to hire an attorney when you realize that your child has suffered an injury during birth. If you put off hiring an attorney for too long, it may be difficult to create a strong case and recover damages. A successful medical malpractice claim must establish four elements: (1) negligence, (2) causation, (3) injury, and (4) damages. A qualified birth injury lawyer will work with medical experts to establish these elements. Experts will analyze the doctor's actions and explain why they differed from what a skilled expert in their field would have done. In addition to doctors lawyers for birth injuries, a birth injury lawyer may sue hospitals and other healthcare providers for negligence. This is particularly true when the injury was caused by a hospital's staff. A negligent nurse, for example may fail to properly administer medication, causing serious or fatal injuries to the mother or child. A New Mexico birth injury attorney will scrutinize medical records in order to determine the person responsible for the birth injury. The law firm will then send a demand packet to the hospital's or doctor's malpractice insurance provider. The package will contain a statement describing the medical error as well as documents and documentation supporting the claim. The malpractice insurer will reply to the demand and may offer an offer of settlement. If the parties fail to reach an agreement, the lawyers may bring an action. Many claims are based on latent injuries that don't become evident until a child is older. A judge will take this into consideration when determining the statute of limitations for the case. Contact a birth injury lawyer as early as possible to avoid the statute of limitation expiring. The amount of compensation you receive will depend on the severity of the injury to your child and the impact on you and your family. Compensation can include lost income and the cost of medical care, disability, and mental trauma. If the negligence was particularly egregious you could be awarded damages, either punitive or exemplary. These damages are intended to punish the party responsible and deter others from repeating the same mistake in the future. Damages If a medical professional is not in their obligation to provide a level of care acceptable during childbirth, this can result in injuries and disabilities that last for all the time and have a significant impact on the mother and her family. These injuries can be emotionally, physically and financially devastating. A reputable attorney for birth injuries can help the victim, along with his or her family members, obtain compensation for their losses. To make a claim for medical malpractice the patient must prove that the doctor acted in breach of his or his duty of care, and that this breach directly caused the injuries. For this the lawyer will have to rely on expert witness testimony. They must be certified in the field of expertise and have a deep knowledge of the accepted practices within that specialty. The lawyer must also gather evidence to prove the severity of harm caused by the patient, such as the cost of medical bills and lost wages. A New Mexico birth injury lawyer will examine your case to determine what damages you are entitled to. These damages may include future loss of earnings, pain, suffering, current and past medical expenses as well as emotional stress. In some instances, victims can also receive damages for punitive carelessness. In some instances, the victim's medical expenses will be so severe that they cannot be fully covered by insurance. In this case, the victim must consult an attorney for personal injury as soon as they can. It is essential to seek legal assistance as quickly as you can, since the statute of limitations gives victims a limited time to submit an action. A personal injury lawyer can assist victims of motor vehicle accidents as well as slip and fall accidents. They can also aid victims of medical malpractice, nursing homes abuse, and wrongful death. The firm can assist clients seek compensation against motorists who are not insured. FindLaw's tool allows you to find a local attorney who is experienced in your particular case. The directory has profiles of attorneys including education licensing, client recommendations. The directory also has links to the attorney's websites and contact information. The Tim Chelpaty Law Office represents injured plaintiffs in Las Cruces. It is able to handle car accidents, truck accidents nursing home abuse and wrongful death cases. Mark Pickett has more than 40 years of experience in personal injury litigation. It also assists clients in estate planning and criminal defense.