Las Vegas Birth Injury Attorney
Birth injuries are nightmares for parents. Going through a difficult birth is hard enough. Finding out that your child suffered an injury during labor, delivery, or shortly after birth can be too much to bear. The attorneys at Panish Shea & Boyle, LLP are here for parents after birth injury incidents in Las Vegas. We can help you seek compensation from at-fault obstetricians, doctors, nurses, and/or other parties. We know compensation won’t reverse the damages to your family, but it can set your child up for success in the future. Call today for your free consultation.
Types of Birth Injuries
A birth injury is any harm to a baby or mother before, during, or after delivery of a child. Not all birth injuries give rise to personal injury or medical malpractice lawsuits. Some are unavoidable. The defendant must have done something – or failed to do something – that another reasonable and prudent person would not have done in the same situation. Parents must prove that the defendant owed them a duty of care, breached this duty, and the breach caused the birth injuries. Some of the most common birth injuries that give parents the right to pursue damages are:
- Brain hypoxia. Babies can suffer injuries to the brain if something removes their oxygen source during labor or delivery. Umbilical cord prolapses and other issues can cut off oxygen flow to the brain. Unless the physician notices signs of fetal distress and acts quickly, lack of oxygen can cause permanent damage. Fetal brain injuries can cause cerebral palsy.
- Traumatic brain injuries. Babies can also sustain brain injuries from acts of negligence such as incorrect use of birth-assisting tools during delivery or (in very rare cases) someone dropping the baby in the hospital room. Children may recover from brain injuries sustained during or shortly after birth, or they might suffer long-lasting effects on learning and development.
- Physical injuries. Medical malpractice can result in infants suffering muscle-related or physical injuries from incorrect birthing procedures, failure to order an emergency C-section, rough infant handling, or physicians pulling on the baby’s head, neck, or arms during a difficult delivery. Brachial plexus injuries, shoulder dystocia, Erb’s palsy, and Klumpke’s palsy are possible ramifications of this type of malpractice.
It is an obstetrician’s duty to monitor an expecting mother, detect early signs of maternal infections or issues (such as gestational diabetes), and administer treatments to prevent harm to the fetus. It is the delivering physician’s duty to adequately prepare for the birth, monitor vital signs, and handle emergency situations with the accepted level of care. Any lapses in judgment, acts of negligence, or malpractice a physician commits during and after delivery could lead to preventable birth injuries.
Time Limit to File a Claim
Filing a birth injury lawsuit is the first step to take to hold a negligent party accountable for your child’s injuries. Nevada has a time limit in which you can file a birth injury claim. A birt injury lawsuit must be filed within three years of the child’s birth or three years from when the injury was diagnosed. If a child suffers brain damage or a birth defect they have until the child’s 10th birthday to file a claim. A wrongful death lawsuit for the death of a baby must be filed within two years from the date of the baby’s death.
Protect Your Child’s Rights With Our Help
No parent wants to be searching for a birth injury attorney in Las Vegas. If you’ve found yourself in this position, however, know that we are here to help. Panish Shea & Boyle LLP has garnered outstanding results for clients in the past. We are the firm of choice for birth injury legal counsel and representation. Let us walk you through the legal process during this difficult time for your family. Contact us today for a free and confidential case evaluation.