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Birth injuries are physical or neurological harms that happen to a baby during pregnancy, labor, delivery, or soon after birth. Common types include oxygen deprivation resulting in hypoxic-ischemic encephalopathy, cerebral palsy, brachial plexus injuries, broken bones, skull fractures, and infections passed during delivery. In Las Vegas, like elsewhere in the United States, birth injury claims usually fall under medical malpractice law when a health care provider or hospital departs from accepted standards of care and that departure causes injury.
Family members often pursue legal action to obtain compensation for medical care, therapy, assistive devices, home modifications, lost parental income, and pain and suffering. Cases can be complex because they require medical proof of both substandard care and a causal link between that care and the child’s long-term condition.
Birth injury cases are complicated, emotional, and tightly regulated. You may need a lawyer if any of the following apply:
- There is evidence of fetal distress that went unaddressed, such as abnormal fetal heart tracings or missed signs in monitoring.
- A delayed or unnecessary cesarean section led to oxygen deprivation.
- Improper use of delivery tools like forceps or vacuum extraction caused trauma.
- A failure to diagnose or treat maternal infections, preeclampsia, or shoulder dystocia contributed to harm.
- Medication errors occurred during labor or immediately after birth.
- Essential newborn care in the NICU or postpartum ward was delayed or incorrect.
- You need help preserving medical records, obtaining expert medical opinions, or navigating potential settlements versus trial.
A qualified birth injury attorney can investigate, collect and preserve evidence, hire medical experts, estimate lifetime costs, negotiate with insurers and hospitals, and represent your child’s long-term interests in court if necessary.
When pursuing a birth injury claim in Las Vegas you should be aware of several legal principles and local considerations that commonly affect these cases:
- Time limits and tolling - Statutes of limitations set strict deadlines to file a malpractice lawsuit. Time limits may vary by the type of defendant and whether the injured party is a minor. Some deadlines can be tolled or extended under certain circumstances. Because rules are strict, early consultation with an attorney is essential.
- Expert evidence - Most birth injury cases require one or more qualified medical experts to establish the standard of care, identify any breach, and show causation between the breach and the injury. Expert reports, depositions, and testimony are core parts of litigation.
- Types of recoverable damages - Successful claims can include past and future medical expenses, therapy and rehabilitation, assistive equipment, home and vehicle modifications, loss of parental income and earning capacity, and non-economic damages like pain and suffering. How damages are calculated and what is recoverable can depend on statutory and case law.
- Defendant types - Claims can be brought against individual clinicians, hospitals, clinics, and sometimes corporate entities that manage care. If a government-run hospital or clinic is involved, different notice requirements and filing processes may apply.
- Comparative fault and liability - Jurisdictions apply rules on comparative fault that can reduce recovery if multiple parties or actions contributed to the injury. Determining liability in delivery settings often involves multiple providers and institutions.
- Administrative procedures - Complaints to licensing boards and investigations by regulatory agencies can proceed separately from civil lawsuits. These administrative steps do not necessarily prevent a civil claim, but they may produce records useful in litigation.
Because statutes, court decisions, and administrative rules change, speak with a Las Vegas attorney experienced in birth injury and medical malpractice to understand how local law affects your situation.
A birth injury is harm caused during pregnancy, labor, delivery, or shortly after birth, often due to an external event or medical care. A birth defect is a structural or genetic problem present before birth. Some conditions may be a mix of factors. Determining cause often requires medical records review and expert analysis.
Negligence means a provider failed to meet the accepted standard of care and that failure caused the injury. Signs that merit investigation include abnormal fetal monitoring not acted upon, unexplained delays in delivery, improper use of delivery tools, and failure to diagnose or treat maternal or neonatal complications. A lawyer can review records and arrange expert opinions to evaluate negligence.
There are strict filing deadlines known as statutes of limitations, and special rules may apply for claims involving minors. Deadlines can vary depending on whether the defendant is a private healthcare provider or a government entity. Because deadlines can expire before the full extent of a child’s condition is known, contact an attorney promptly to preserve your rights.
Many birth injury attorneys work on a contingency-fee basis, meaning the lawyer is paid a percentage of any settlement or judgment and you pay little or no upfront fee for the attorney’s services. You may still be responsible for some case-related expenses, but many firms advance costs and recover them only if the case succeeds. Clarify fee arrangements and cost responsibility in writing before hiring counsel.
Each case is unique. Value depends on the severity of the injury, prognosis, needed medical care and therapy, special education and supportive services, lost income, and non-economic harm. Attorneys use life-care plans and economic experts to project future costs. Early consultations can provide a realistic range based on similar cases.
Timelines vary widely. Some cases settle within months after investigation and negotiation. Complex cases that go to trial can take several years through discovery, expert preparation, motions, and trial. The needs of the child and the strength of the evidence influence timing and strategy.
Key evidence includes prenatal records, labor and delivery notes, fetal monitoring strips, operative reports, NICU records, medication records, imaging and lab results, newborn assessments, and testimony from treating providers and experts. Early preservation of these records is critical because hospitals may follow record retention schedules.
Yes. Complaints to medical licensing boards or state agencies are administrative actions that can result in discipline or investigation. They are separate from civil lawsuits for compensation. Board actions can generate useful documents and findings but do not replace the need to pursue civil damages when appropriate.
Insurance companies may offer fast settlements that do not account for future medical and support needs. Consult an experienced birth injury attorney before accepting any offer. A lawyer can estimate lifetime costs and negotiate or litigate for compensation that better serves your child’s long-term needs.
Preserve all medical records and discharge papers, request complete copies of prenatal, delivery, and neonatal records, keep a detailed timeline of events and symptoms, photograph injuries and therapies, avoid signing releases that waive rights without legal advice, and contact an attorney who handles birth injury cases for a prompt review.
Below are types of organizations and agencies that can help you gather information, report concerns, or find legal and medical support. Contact the appropriate local or national organization for guidance specific to your situation.
- State medical licensing board - can receive complaints about physician conduct and may provide disciplinary records.
- State health department or hospital licensing agency - oversees hospital standards, licensing and inspections.
- State bar association and lawyer referral services - help you find attorneys who handle birth injury and medical malpractice cases.
- Parent and patient advocacy organizations - provide information on therapies, early intervention, and support resources for children with disabilities.
- National medical organizations - such as pediatric and obstetric professional groups that publish clinical standards and educational materials.
- Disability rights organizations - can advise on educational advocacy, public benefits, and community supports.
- Early intervention and special education services - local agencies that evaluate infants and toddlers for developmental services and help obtain necessary therapies.
If you believe your child has suffered a birth injury, follow these practical steps:
- Gather records - Request and secure complete medical records from prenatal care, the hospital, any clinics, and the NICU. Preserve originals and keep copies.
- Create a timeline - Write down dates, times, symptoms, conversations with providers, and names of staff involved.
- Seek medical follow-up - Arrange for appropriate pediatric and specialist evaluations to document the child’s condition and treatment needs.
- Avoid public statements - Do not post details about the case on social media and be cautious about signing releases or settlements without legal advice.
- Consult a birth injury attorney - Look for an attorney with specific experience in birth injury and medical malpractice. Ask about case experience, expert network, fee structure, and how they evaluate lifetime needs for the child.
- Consider administrative reporting - If appropriate, file a complaint with a licensing or regulatory board to prompt investigation and preserve a public record.
- Explore support resources - Connect with advocacy groups, early intervention, and community resources for immediate medical, educational, and financial guidance.
Acting quickly helps protect legal rights and preserves evidence. A local attorney can give a confidential case assessment and advise on the best path forward for your child and family.
