Birth Injury Lawyer In Las Vegas

The Differences Between Birth Injuries And Congenital Disabilities

Birth injuries and congenital disabilities are sometimes confused. However, they are different, both medically and legally. Congenital disabilities are abnormal conditions typically caused by genetic or environmental factors during gestation. 

Birth injuries, on the other hand, are caused during birth or shortly before or after. They are typically the result of medical negligence and can lead to all manner of dire complications for both the child and the mother. 

Birth Injury Liability

Tens of thousands of babies are born in Nevada each year, most of whom never suffer a birth injury. So, when a birth injury does occur, it is reasonable to initially suspect medical malpractice. 

What Is Medical Malpractice?

Exactly what is medical malpractice under Nevada law? Medical malpractice in Nevada occurs when a physician or hospital employee fails to use reasonable care when treating or serving a patient. A hospital may also commit medical malpractice. 

Medical malpractice does not encompass basic errors. In order to be considered medical malpractice, an act — or failure to act — must be outside of the acceptable standard of care. 

Because the healthcare industry is so vast, there are numerous ways in which medical malpractice might occur, such as:

• Misdiagnosis, including delayed and erroneous diagnosis
• Failure to act in time
• Improper prescription or administration of medicine
• Surgical errors

Supervision errors can also fall under medical malpractice.

In the realm of birth injuries, examples of medical malpractice are typically limited to:

• Failure to properly monitor the child or mother
• Failure to act on fetal distress
• Anesthesia errors
• Improper forceps or vacuum use
• Trauma from excessive use of force during extraction
• C-section errors

When pursuing medical malpractice compensation, attorneys must prove that the acts or failures to act in question were below the required standards of care. Various parties may be held liable for birth injury malpractice:

Healthcare Professionals

Depending on the circumstances, numerous healthcare professionals can be involved in a birth. Each one is required to discharge their individual duties at or above clear and accepted standards of care. 

Professionals involved in births can include:

• Obstetricians 
• Anesthesiologists
• Nurses
• Nurse practitioners and physician assistants
• Midwives
• Doulas

These and other professionals can be held liable if a close examination of their actions reveals professional negligence. 

Consider a failure to monitor correctly, for instance. During childbirth, babies may go through fetal distress, which can be fatal. Hence, fetal monitoring is crucial during birth. An investigation may reveal that the professional in charge of monitoring was negligent and failed to pay proper attention.

Hospitals and Birthing Centers

Alternatively, the same investigation might reveal that the hospital or birthing center failed to properly staff a delivery or failed to provide or allocate proper monitoring equipment. In both cases, the hospital will likely be held accountable. 

Other examples of hospital negligence might involve improper hiring of medical professionals and the use of unlicensed or improperly retained or supervised staff. Hospitals may also be held vicariously liable for the medical malpractice injuries caused by one of their employees. 

Equipment and Tool Makers

Equipment makers and suppliers may not be medical professionals and may not be present in the birthing room. However, their products are present. 

When these products are dangerously defective and cause harm, the product’s designer, manufacturer, distributor, and retailer may all be held liable, depending on the circumstances. However, the claim will be based on product liability rather than medical malpractice. 

Damages For Birth Injury Lawsuits

Damages payable in a birth injury case are meant to address various losses, including:

• Medical treatment and hospitalization costs
• Loss of present and future income for parents and children
• Pain and suffering
• Loss of enjoyment of life

Regarding non-economic damages, such as pain and suffering, there is a cap of $350,000 on the amount of damages a plaintiff may recover in Nevada. However, this cap increases by $80,000 annually starting in January 2024 and continues through January 1, 2028, at which time the cap will sit at $750,000.

As you might imagine, most medical professionals and their insurance companies fight all medical malpractice claims fiercely. Being found liable for birth injury malpractice has significant financial repercussions, as well as employment and insurance consequences. 

Affidavit Of Merit

Before a person can file a medical malpractice lawsuit, their attorney must obtain an affidavit of merit. This document is an acknowledgment that the plaintiff’s case is valid. It contains a sworn and signed statement of a qualified medical professional that it is reasonable to believe that the plaintiff was indeed a victim of medical malpractice.

Keep in mind that the affidavit of merit is not definitive proof that a particular party has committed medical malpractice. It is simply a filtering mechanism designed to allow only reasonable cases to make it into the court system. 

The Consequences Of Birth Injuries

Birth injuries create seemingly unending concentric circles of pain and loss that echo throughout children’s and families’ lives. Depending on the specific type of injury, these circles could mean economic and emotional ruin.

Common birth injuries include:

• Brachial palsy, which affects the nerve groups supplying the arms and hands
• Forceps bruising and injuries
• Caput succedaneum, which involves soft-tissue swelling at the baby’s scalp
• Bone breaks and fractures
• Spinal cord injuries
• Facial paralysis
• Head and brain hemorrhages
• Hypoxic brain injury and other injuries related to lack of oxygen
• Cephalohematoma, which involves bleeding at the scalp between the cranium and its covering

Unfortunately, many babies suffer from more than one birth injury, leading to compounded difficulties throughout life. Their families take on extra burdens as they struggle to help their loved ones survive and thrive. 

While nothing can turn back the clock, medical malpractice compensation does help address many of the financial and non-monetary losses that typically stem from birth injuries. 

How We Can Help You Get Justice

Attorney Adam S. Kutner understands the pain and loss caused by birth injuries. Our team knows how to properly appraise losses and recover appropriate compensation payouts — and we can also recognize a subpar compensation offer when we see one. 

Perhaps the most difficult aspect of the birth injury claim process is the insurance company. Insurance companies want to pay you zero or as little as possible. Unrepresented, many families accept far less than they deserve because they are simply unaware of how much they are entitled to. 

We hold insurance companies accountable by building formidable cases through:

• Detailed investigations
• Medical expert witness testimony
• Witness testimony
• Discovery

While you and your family focus on dealing with the harm you have suffered, our team can work for every dollar you are owed. 

Settlements And Trials

Insurance companies settle most of their claims outside of courts. Both parties benefit from coming to an agreement on a birth injury settlement instead of engaging in a lengthy court battle. 

The medical malpractice attorneys at our firm are fierce negotiators who know how to recover what our clients need. If settlement talks stall and the insurance company is acting unreasonably, we can go to court on your behalf.

Consult A Seasoned Birth Injury Lawyer Today

If you believe your family is dealing with a birth injury, it’s important to take prompt action, as there is a time limit for filing a birth injury lawsuit in Nevada. Generally, the statute of limitations for medical malpractice cases is three years from the date of the child’s birth or one year from the date the injury was discovered or should have been discovered. 

For some, three years may seem like a long time, and many families need time to deal with the unfolding consequences of birth injuries. However, delaying seeking compensation can lead to a weaker case. Evidence, for example, becomes difficult to obtain as time drags on after an injury. 

The sooner your medical malpractice lawyer can investigate your claim, the better chance you give your case to succeed. Let our skilled team at Adam S. Kutner, Injury Attorneys, advocate for your family’s future. 

Citations:

Births. (2024).
Medical Malpractice. (2023).
NRS 41A.097.