Birth Injury Liability Claims
Las Vegas, Nevada
Birth injuries lawsuits
If somebody in your family suffered from a birth injury, call us at 702-432-1000 to discuss your case.
We don't charge for consultations.
We represent clients in Las Vegas and Nevada.
Defining a birth injury
A birth injury refers to physical harm or trauma sustained by a newborn during the labor or delivery process or shortly after birth.
Causes of birth injuries
In many cases, birth injuries can occur due to complications during childbirth, medical intervention, medical negligence, or congenital conditions.
Consequences of birth injuries
Birth injuries may have long-lasting effects on the child's health and development and may necessitate medical treatment, therapy, and ongoing care.
Who is liable?
Potential parties who may be liable for birth injuries include:
- Healthcare providers,
- Hospitals or medical facilities,
- Manufacturers of medical devices,
- Pharmaceutical companies,
- Other third parties (e.g., contractors responsible for maintaining medical equipment).
Families who believe their child's birth injury was the result of negligence or wrongdoing can pursue legal actions and seek compensation for medical expenses (past, present, future), pain and suffering, and other damages.
Who can file a lawsuit for a birth injury?
Anyone who has legal responsibility for the injured child can file a lawsuit for a birth injury. This includes parents, legal guardians, or close relatives like grandparents. If the child has passed away due to the birth injury, the person in charge of the child's estate can also file a lawsuit on behalf of the child's family.
Time limits to file a lawsuit
In Nevada, medical malpractice claims, including birth injury cases, must be filed within two years from the date of the alleged malpractice or from the date that the injury was discovered (or reasonably should be discovered).
There are some exceptions to this rule.
Can I claim medical negligence after 20 years?
Claiming negligence after 20 years could be highly challenging mainly because the evidence may be difficult to obtain, and witnesses may no longer be available. However, some exceptions apply:
1. Exceptions to the statute of limitations: For example, the victim didn't discover the injury until later in life, or the healthcare provider fraudulently concealed the injury.
2. Discovery of new evidence: If new evidence unavailable at the time of the injury comes to light, the victim may be able to pursue legal actions even after the statute of limitations has expired.
3. Filing a lawsuit under a different legal theory: Victims may be able to pursue legal action under a different legal theory, such as breach of contract or breach of fiduciary duty.
What settlement to expect for a birth injury?
In Nevada, the potential settlement for a birth injury often depends on how severe the injury is and the long-term impact on the child's health and quality of life. Also, the degree of negligence of the responsible parties plays an important role. Settlements in birth injury cases may cover the following:
- Medical expenses,
- Rehabilitation and therapy costs,
- Pain and suffering,
- Lost earning capacity,
- Loss of enjoyment of life,
- Punitive damages.
No cap on economic damages
There is no cap on economic damages in Nevada. The economic damages in birth injury cases aim to compensate the injured child and their family for the financial burden imposed by the injury. These damages typically include medical expenses, future medical care costs, home care and assistance, special education, and accommodations.
Cap on non-economic damages
There is a cap on pain and suffering (non-economic damages).
Beginning January 1, 2024, the $350,000 cap in malpractice cases will increase by $80,000 annually until the end of 2028. So, in 2024, the cap will be $430,000; in 2025, it will be $510,000; in 2026, it will be $590,000; in 2027, it will be $670,000; and in 2028, it will be $750,000.
From 2029, the cap will increase by 2.1% annually.
Average birth injury settlement
Birth injury settlements can vary widely, with some cases resulting in multimillion-dollar payouts. Because every case is unique, there's no one-size-fits-all formula for determining the settlement amount. Call us at 702-432-1000 for a free consultation and to discuss your situation. When we know the circumstances of your birth injury case, we can provide the answer tailored to your specific situation.
Challenges/issues of birth injury lawsuits
Birth injury lawsuits can present several challenges for families seeking compensation for the harm caused to their child.
a) In some cases, birth injuries may result from multiple factors, including pre-existing conditions, maternal health issues, or unforeseeable complications during labor and delivery. Establishing a direct link between the healthcare provider's actions or omissions and the birth injury can be challenging.
b) Understanding the cause of a birth injury often demands a deep knowledge of medical standards, procedures, and terminology, which may pose additional challenges for non-medical professionals or jurors.
c ) Birth injuries aren't always apparent at first, which can complicate liability claims further because families must act within specific time limits set by statutes of limitations to file lawsuits seeking compensation.
Nevada laws for medical malpractice
NRS 41A.007 to NRS 41A.120 refers to a series of statutes within the Nevada Revised Statutes (NRS) that pertain to medical malpractice claims and procedures in Nevada. These statutes outline various aspects of medical malpractice law, including definitions, requirements for filing claims, limitations on damages, and procedures for resolving disputes.
We can help
Since 2010, we have helped thousands of clients get fair and full injury compensation. Our team is here to provide the guidance and assistance you need in these difficult times.
We work on a contingency basis, which means - you pay us only when we win your case.
We don't charge for consultations.
We represent clients in Las Vegas and Nevada.
Call us at 702-432-1000 and ask to speak with a lawyer who handles birth injury and labor and delivery malpractice cases.
Last updated on March 22, 2024.
