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Why You Should Hire a Birth Injury Attorney Birth injuries can cause devastating consequences for the family. They can result in long-term physical or mental anguish. They can also affect the quality of life of a child. A skilled birth injury lawyer can assist you in obtaining compensation. The Law Offices of Tim Chelpaty offer legal assistance to Las Cruces residents and those in the surrounding areas. The firm handles cases involving car accidents as well as personal injury and family law. Birth injuries Birth of a child can be one of the most exciting times in a parent's lifetime. If a medical error causes parents to experience pain and anxiety they could be entitled to compensation. A lawyer who specializes in birth injuries can assist parents seek justice. Birth injuries can be caused by numerous factors, and may affect both mother and baby. These can range from minor injuries that can be treated over time to more severe birth defects, such as cerebral palsy. A birth injury lawyer can assist the victim and their family to pursue a medical malpractice lawsuit against the hospital or doctor responsible for the injury. A successful medical malpractice lawsuit requires proof that the healthcare professional acted in breach of their duty of care during the pregnancy, labor and the birth. The plaintiff (mother) must be able to demonstrate that the medical professional's negligence directly caused the child's injuries. A competent lawyer will consult with experts to establish these legal aspects. Experts are able to testify to the level of care that would have been given by a qualified medical professional with the same specialty in the particular circumstances. During a difficult birth the skull of a baby can fracture. It is often difficult for a baby to go through a birth canal. In these cases, the medical professionals may use pressure on the shoulders or head of the baby to assist them. In certain situations, medical staff may use excessive force on the head or shoulders of the baby in order to help them. Other times medical devices could be defective and cause a birth injury. In these situations, victims and their families may file a product liability lawsuit against the manufacturer of the device. In a case of birth injury the amount of damages awarded may cover treatment, rehabilitation and other costs. They may also include non-economic damages intended to compensate the victims for their pain and loss of enjoyment. A New Mexico birth injuries attorney can help victims receive compensation for medical expenses as well as lost wages and emotional stress. They may also seek punitive damages in the event that the at-fault party's actions were incredibly negligent, reckless or nefarious. Medical malpractice Medical malpractice is a form of negligence that occurs when a doctor or other health care provider is unable to provide the proper treatment to the patient. This can result in grave injuries or even fatalities. It is essential to know the dangers of these kinds of errors and the laws that protect your rights. A lawyer for birth injuries can assist you in understanding these laws. A New Mexico birth injury attorney can help you recover compensation for your child's injuries caused by medical negligence. This compensation can be used to pay for future treatment, therapies, and special equipment required to treat your child's condition. Your lawyer can help you get the hospital records you need as well as medical records and file the appropriate paperwork with the medical board. Many medical facilities, in addition to doctors can be held responsible for claims arising from birth injuries. These include private hospitals, county or state run facilities as well as military hospitals. If your child was injured due to medical negligence at a military hospital you may have up to nine years to bring a lawsuit. Examples of medical malpractice in labor and delivery include lack of oxygen to the brain (hypoxic Ischemic Encephalopathy, or HIE) as well as spinal cord injuries and cerebral palsy, and Erb's Palsy. These injuries can result in severe disabilities that could affect the physical and emotional growth of your child. These injuries can cause delays in the development of your child. The lawyers at Miller Weisbrod Olesky can investigate the cause of your child's injuries and determine who is responsible. They can gather medical records including the results of tests as well as fetal monitors and surgical notes, and communication with your doctor as well as hospital staff. They can also connect you with local medical providers who specialize in treating children who have suffered a birth injury. Miller Weisbrod Olesky attorneys are proficient in identifying any malpractice, calculating damages and determining the appropriate amount. They work closely with expert witnesses who can help establish the aspects of your case. This includes the diagnosis of your child's injury, the impact on your child's life and the amount of your losses. Statute of limitations The statute of limitations is the period within which a plaintiff needs to file a legal claim against a defendant. The statute of limitations commences when the injury was first discovered or when it occurred. It is recommended to contact an attorney as soon as possible when you suspect that your child may have suffered birth injuries. If you wait too long, it might be difficult to establish an argument that is strong and secure damages. A successful medical malpractice case must prove four elements: (1) negligence, (2) causation, (3) injury, and (4) damages. A skilled birth injury lawyer will work with medical professionals to establish these elements. Experts will analyze the doctor's actions to determine the extent to which they differ from what a competent professional would have done. In addition to doctors lawyers for birth injuries, a birth injury lawyer can sue hospitals and other healthcare providers for negligence. This is especially true if the injury was caused by the hospital's staff. A negligent nurse, for instance, could misuse medication and cause serious or fatal injuries to the mother and child. A New Mexico birth injury attorney will scrutinize medical records in order to determine the person who is responsible for the birth injury. The law firm will then send a demand form to the hospital's or doctor's malpractice insurance company. The package will include a written explanation of the medical error as well with supporting documents and records. The malpractice insurance company will respond to your demand and might even offer an offer of settlement. If the parties are not able to reach a consensus on a settlement, the lawyers will file an action. Many claims are based on a lack of injuries that aren't apparent until a child is older. This is considered by a court when determining if the statute of limitation for the case has expired. It is important to consult with a lawyer for birth injuries as soon as possible to ensure that the time-limit doesn't run out. The amount you receive is contingent on the severity of the injury to your child and the impact on you and your family. Compensation may include lost income and the cost of medical treatment, disability, and mental anguish. Punitive or exemplary damage may be awarded if the act was especially egregious. These damages are intended to punish the person who was at fault and prevent others from repeating the same error in the future. Damages If a medical professional fails in their obligation to provide care acceptable during childbirth, it can lead to injuries and disabilities that last for an entire lifetime and have a profound effect on the family of the victim. Accident Injury Lawyers can be physically, emotionally and financially devastating. An experienced birth injury lawyer can assist the victim and their family members recover compensation for their losses. To make a claim for medical malpractice the patient must prove that the doctor violated his or his duty of care, and that this breach directly led to the injuries. To prove this the lawyer has to rely on expert witness testimony. These experts must be highly qualified in their field and have an understanding of accepted practices within this area. The lawyer should also collect evidence to demonstrate the extent of the harm caused by the patient, including the cost of medical bills and lost wages. A New Mexico birth injury attorney will examine the specifics of your case to determine what damages you are entitled to. This could include loss of future earnings as well as pain and suffering, past and current medical expenses as well as emotional distress. In some instances victims may also receive damages for punitive carelessness. In certain cases, the victim's medical expenses are so high that they can't be covered by insurance. In this situation the patient should consult an attorney for personal injuries as soon as possible. It is essential to seek legal help as soon as possible because the statute of limitations only gives victims a certain amount of time to submit a claim. A personal injury lawyer can aid victims of motor vehicle accidents and slip and fall accidents. They can also aid victims of medical malpractice, nursing homes abuse, and wrongful death. The firm can also assist clients obtain compensation from drivers who are not insured. FindLaw's tool allows you to find a local lawyer who has experience in your particular case. The directory provides details about attorneys, including their education, licenses, and client testimonials. The directory also includes hyperlinks to the attorney's websites and contact information. The Tim Chelpaty Law Office represents injured plaintiffs in Las Cruces. It handles car accident cases as well as truck crash cases nursing home abuse and wrongful death cases. The sole practitioner of the firm, Mark Pickett, has more than forty years of experience in personal injury litigation. It also assists clients with estate planning, criminal defense and other legal matters.