Las Vegas Birth Injury Attorneys

Despite being a practice where rigorous measures are taken to protect the life of the mother as well as that of the baby, childbirth continues to present high-risk situations. The baby is undoubtedly the most vulnerable subject during birth, and it can suffer internal or external injuries known as birth trauma or perinatal injuries. Spontaneous lacerations occur according to the conditions of the body itself and may or may not occur. Perinatal trauma, for its part, is any injury that occurs at birth, and can be a natural trauma (laceration) or provoked (episiotomy). When we talk about delivery care, we must bear in mind that preventing any incident is directly related to appropriate medical practices. Detecting any anomaly in time is essential to ensure the well-being of both the mother and the baby during the progression of labor.

Studies have even shown that malpractice during birth can be linked to third and fourth-degree lacerations. Very rapid deliveries, as well as the adoption of the gynecological position, tend to favor trauma or severe perinatal injuries. Incorrect anatomical positions or medical negligence cause the baby a series of future health problems with long-term repercussions. Birth injuries are usually serious, for this reason, if your child has been harmed during childbirth, it is essential to contact a specialist Las Vegas lawyer to be compensated for all present and future damages.

WHAT ARE THE MOST COMMON CAUSES OF BIRTH INJURIES IN LAS VEGAS?

Even with today’s advances in science and technology, births or deliveries are still risky events, where medical negligence can occur. Many injuries can originate from childbirth problems, and the reasons can be very varied.

The following are the most common causes that can lead to birth injuries:

• The baby is born prematurely,
• The baby is bigger than normal,
• Abnormalities of the umbilical cord,
• Excessive use of force during delivery,
• Very difficult or prolonged labor,
• Delay when carrying out the delivery by cesarean section,
• Acute fetal distress,
• Neonatal asphyxia,
• Infection or sepsis,
• Neglect congenital uterine malformations,
• Head injury during childbirth,
• Incorrect administration of a dose of medication,
• Carelessness in checking the normal heart rate of the baby and the mother,
• Improper use of the vacuum extractor or forceps, etc.

TYPES OF INJURIES RECOGNIZED IN BIRTH INJURY CLAIMS IN THE STATE OF NEVADA

In a birth injury claim, the state of Nevada recognizes injuries caused by medical negligence or oversight during labor. Which can be:

• Traumatic brain injuries. They cause severe brain damage in the newborn, something like a jolt or violent impact can cause blood clots.
• Cerebral palsy. Cerebral palsy results from brain damage in the first months or years of life, with serious repercussions and disabilities for the rest of the infant’s life.
• Hypoxic ischemic encephalopathy of the newborn. Central nervous system dysfunction syndrome harms neonates of 35 or more weeks of gestation.
• Spinal cord injuries. Surgical complications during a cesarean section can permanently damage the newborn’s spinal cord.
• Nerve damage injuries. During the final stage of labor, injury to the facial nerve may occur as a result of excessive pressure on the baby’s face.
• Broken Bone Injuries. When there are problems in delivering the baby or inappropriate equipment is used, it is common for the baby’s clavicle or other bones to break.
• Injuries or lacerations, among others. Multiple causes can occur during the application of a dose of medication or because of imprudent actions with surgical equipment during childbirth.

WHAT SHOULD BE DONE TO PREVENT BIRTH INJURIES?

Although childbirth is a routine in hospitals and maternity wards, each woman must receive differentiated care, since the vision of what childbirth is and how it is lived is unique, therefore, the care and comfort must be provided with the uniqueness of each mother and baby in mind. Medical personnel have a responsibility to watch for any signs of a possible complication to prevent a birth injury.

For this reason, it is recommended to carry out evaluations throughout the pregnancy and before labor, since only in this way can the gynecologist and obstetrician be aware of any anomaly and treat it in time. Failure to do so can be considered medical negligence, and lead to severe legal problems.

It is recommended to do the following:

• Set up a birthing place with all the necessary equipment in case of an emergency and notify the husband/companion or some other family member.
• Analyze risk factors before delivery and ensure quality obstetric care so that the mother feels safe.
• Monitor the physical and emotional state of the mother and the baby throughout the labor, and of course once it has finished.

LIABILITY IN A BIRTH INJURY IN LAS VEGAS

In Nevada, the responsibility in a birth injury claim rests with medical personnel (doctors, obstetricians, nurses, etc.,). In turn, these types of cases where there are medical malpractices can also be directed to health institutions such as hospitals, clinics, and pharmaceutical companies, among others, since they are responsible for the personnel who work within their facilities whose negligence caused an injury and even a possible death of the newborn.

WHAT DAMAGES CAN I RECOVER IN A BIRTH INJURY CLAIM?

The future repercussions of a birth injury are extremely complex for both the baby and its parents, for this reason, it is essential to have the support of a lawyer specializing in the subject so that in this way the child’s parents can receive compensation for all the damages (material and moral) that a case of this magnitude implies.

Main Economic Damages:

• Medical expenses, check-ups, tests, treatments, and surgeries must be included.
• Expenses for medical rehabilitation
• Wrongful death damages
• Wage losses due to inability to perform their duties.

Main Moral Damages:

• Physical pain and suffering
• Emotional stress and psychological trauma
• Loss of your quality of life

STATUTE OF LIMITATIONS FOR BIRTH INJURIES IN LAS VEGAS, NEVADA

The state of Nevada establishes in its statute of limitations for birth injuries caused by medical negligence three years from the date the negligent act that gave rise to the injury occurred, or one year from the date that the minor’s injury is discovered so that the parents can initiate the respective legal proceedings. While, for a minor, a time of up to 8 years is granted to present the claim. If the claim is addressed to public entities, the period may be significantly reduced by law. If a wrongful death occurs, the personal injury statute applies, which grants two years from the date of death to file a claim.

HOW CAN AN EXPERIENCED ATTORNEY HELP IN A BIRTH INJURY CLAIM?

An experienced birth injury claim attorney can assist you in the following ways:

• Offering free legal assistance
• Dialogue with insurance companies
• Determining the responsible physician(s)
• Examining possible evidence
• Keeping track of economic and non-economic losses
• Documenting all medical expenses
• Acting as a legal representative in mediations or the court

CONTACT A LAS VEGAS BIRTH INJURY ATTORNEY

If you are looking for free advice and need to discuss your case with one of our legal advisors, call Heidari Law Group today at 1-833-225-5454. A birth injury can forever change the life of a newborn and its parents. The financial losses can be heavy and the emotional toll overwhelming. But you don’t have to experience this harsh situation alone. Our team of professionals specializing in personal injury claims in the US will offer you all the support you need in these moments. The contingency fee system gives you the freedom to cancel only after your case has been resolved. Contact an experienced Las Vegas medical malpractice attorney today.