Las Vegas Birth Injury Lawyers

woman holding baby

When Can I Sue in Nevada for Birth Injuries to My Child?

The birth of a child should be one of the most joyous days in a parent's life. But for some unlucky families, medical or hospital negligence can cause debilitating injuries that lead to serious physical and mental disabilities for the child or mother.

Our Nevada birth injury lawyers can help you through this difficult time. If your child suffered injuries immediately before, after or during birth, you may be entitled to compensation for:

  • Medical bills,
  • Corrective procedures,
  • Long-term care,
  • Pain and suffering, and
  • Punitive damages.

We invite you to call us for a free consultation to discuss your case and your child's needs. Birth injuries are too serious to try to go it alone. Hospitals, doctors and insurance companies may offer you compensation to go away, but it is almost guaranteed to be less than you need.

Don't let them stand in the way of getting the compensation you need for your child. Call our Nevada personal injury lawyers and learn why we are considered among the best personal injury attorneys in Las Vegas, Nevada.

We will fight to get you the most money possible to take care of your child. And we take no money unless and until you receive a settlement or judgment.

To help you better understand birth injuries, our Las Vegas personal injury attorneys discuss the following common birth injuries caused by medical negligence, below:

Also see our article about suing for wrongful birth in Nevada.

Medical expert measuring baby's head with tape measure
Medical experts are frequently called to testify during birth injury trials.

1. What causes "birth injuries" in Las Vegas, Nevada?

Many birth injuries are the inevitable consequence of medical conditions that cause difficult births. However, some birth injuries are totally preventable and result from doctor or nurse negligence. 

Birth injuries can occur for a variety of reasons including excessive force used during the delivery or use of forceps and other devices to aid in delivery. Common birth injuries in Nevada include:

Depending on the birth injury, the baby may sustain lifelong disabilities. And depending on the case, parents may be able to sue the medical workers responsible for birth injuries. If the court finds the doctors and/or staff at fault, the parents (or other guardians) may be able to recover money damages.1

2. How long do I have to bring a medical malpractice case in Nevada?

Generally, victims have a three (3) year Nevada statute of limitations since the date of injury to bring a medical malpractice claim. Note that many injuries stemming from medical negligence do not manifest immediately.

In such circumstances, the victim must file the claim within one (1) year of discovering the injury or within one (1) year from the time victim should have discovered the injury. As for brain-damaged children, the claim may be brought at any time prior to the child reaching 10 years of age.2

Several injuries may occur during childbirth that may harm the baby's brain, nerves, and/or bones.

3. What is "cerebral palsy"?

Brain damage during birth may cause cerebral palsy (CP). This damage can come from a lack of oxygen or physical trauma to the brain. A child with CP will experience mild to severe symptoms that involve the child's ability to control muscles. Severity can range from a slight limp to having to use a wheelchair.3

4. What is "Erb's palsy"?

The brachial plexus is a set of nerves close to the neck that gives rise to all the nerves in the arm. These nerves provide movement and feeling to the arm, hand, and fingers. Damage to this nerve may result in  Erb's palsy. It is commonly caused when the baby's neck is stretched to the side during a troubled labor.

When a baby is suffering from Erb's palsy, weakness in the arm may lead to a loss of motion. Fortunately, the majority of infants who suffer from Erb's palsy will eventually recover both movement and feeling in their arms. However, the baby should receive sufficient therapy and treatment to recover.4

Baby 20injury
Erb's palsy and brachial palsy may be temporary.

5. What is "fetal distress"?

Also known as hypoxia, fetal distress occurs when the unborn baby has been deprived of oxygen. An early indication of fetal distress is an abnormal heart rate.

Therefore, it is vital that medical staff monitor the unborn baby's heart rate using electronic fetal heart equipment. If and when an abnormality is detected, medical staff should take the following steps:

  • providing the mother with more oxygen,
  • turning the mother onto her left side, or
  • delivering the baby swiftly with forceps or by C-Section.

Hypoxia generally happens because of umbilical cord complications.5

6. What is "brachial palsy"?

The brachial plexus is the group of nerves that is responsible for arm and hand movement. Brachial palsy occurs when the brachial plexus is injured.

This condition is most typical when the baby's shoulders are injured by forceps during a difficult delivery. Common symptoms associated with brachial palsy are:

  • loss of sensation or strength in the arm, hand or wrist, and
  • lack of muscle control.

In lucky cases, the movement could return in as little as a few months. Otherwise, the baby could sustain permanent nerve damage.6

7. What is "infant hematoma"?

Infant hematoma is bleeding of the brain. It occurs during very difficult births where forceps or vacuum extractors must be utilized. Bleeding of the brain can lead to the baby's disability or death and may require surgery to treat.7 

Need a birth injury lawyer in Nevada? Call us for help...

If your baby sustained birth injuries due to medical negligence or malpractice during birth, you may be entitled to compensation. Our Caring Las Vegas medical malpractice attorneys will fight to get you and your child the justice you deserve.

To speak to one of our Las Vegas birth injury attorneys, call us at 702-DEFENSE (702-333-3673) or fill out the form on this page. One of our compassionate Nevada PI attorneys will get back to you promptly to discuss your case and the remedies that might be available.

Legal References:

  1. Birth Injury, Stanford Children's Health. 
  2. NRS 41A.097.
  3. Cerebral Palsy, WebMD.
  4. Brachial plexus injury in newborns, U.S. Library of Medicine.
  5. Definition of fetal distress, MedicineNet. 
  6. Brachial Plexus Palsy, Seattle Children's Hospital. 
  7. Hematoma, EMedicineHealth. 


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