Las Vegas Birth Injury Attorney

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

• 1. What are common causes of “birth injuries” in Las Vegas, Nevada?
• 2. How long do I have to bring a “medical malpractice” case in Nevada?
• 3. What is “cerebral palsy”?
• 4. What is “Erb’s palsy”?
• 5. What is “fetal distress”?
• 6. What is “brachial palsy”?
• 7. What is “infant hematoma”?

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

1. What are common causes of “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:

• brain injuries;
• spinal injuries;
• broken bones;
• Erb’s palsy;
• cerebral palsy; and
• other catastrophic injuries

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 from 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 two (2) years of discovering the injury or within two (2) years 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

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, most 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

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, medical staff must 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 forceps injure the baby’s shoulders 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? Contact us for help…

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

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