Proving Negligence in Birth Injury Cases

June 10, 2025 Firm News

Most parents never imagine that their doctor’s negligence could permanently harm their newborn baby. When medical professionals fail to meet the standard of care during pregnancy, labor, or delivery, the consequences can be lifelong. 

Birth injuries often result in conditions that require extensive medical treatment, ongoing therapy, and specialized care that can cost families hundreds of thousands of dollars over a lifetime. If you believe your child’s birth injury was preventable, you should work with a Las Vegas birth injury attorney to help prove the provider’s negligence to secure the compensation your family deserves.

Common Types of Birth Injuries in Nevada Delivery Rooms

Birth injuries can occur in various ways during the delivery process, often when medical professionals fail to respond appropriately to complications or use improper techniques during delivery. Some injuries develop when doctors fail to monitor fetal distress, while others result from the misuse of delivery instruments or delayed emergency interventions.

The most frequently seen birth injuries in Nevada delivery rooms include:

• Brachial plexus injuries and Erb’s palsy 
• Brain damage from oxygen deprivation during delivery
• Cerebral palsy resulting from brain injury during birth
• Complications caused by forceps or vacuum extractors
• Hypoxic-ischemic encephalopathy from reduced oxygen and blood flow
• Infant meningitis from untreated infections
• Spinal cord injuries from excessive force during delivery
• Shoulder dystocia complications during difficult deliveries

The Four Elements of Negligence in Medical Malpractice Cases

To successfully pursue a birth injury claim, you must establish that medical negligence occurred and directly caused your child’s injuries. You will need to prove the healthcare provider’s failure to meet accepted standards of care.

Your birth injury case must show that these four essential elements are true:

• Duty of Care: The medical professional owed you and your baby a duty to provide competent medical care according to accepted medical standards in the community.

• Breach of Duty: The healthcare provider failed to meet the standard of care that a reasonably competent medical professional would have provided under similar circumstances.

• Causation: The breach of duty directly caused or substantially contributed to your child’s birth injury, and the injury would not have occurred without the negligent act or omission.

• Damages: Your family suffered harm, including medical expenses, pain and suffering, disability, and other quantifiable losses as a direct result of the birth injury.

What Evidence Is Needed to Prove Birth Injury Negligence?

Building a strong birth injury case requires comprehensive evidence. Your legal team will need to gather extensive documentation and expert testimony to establish each element of negligence and prove the full extent of damages your family has suffered and will continue to face.

Critical evidence includes:

• Complete medical records for both mother and baby
• The healthcare provider’s employment history and any previous complaints or disciplinary actions 
• Eyewitness testimony from nurses, doctors, and other medical staff present during delivery 
• Expert testimony from obstetricians, pediatricians, neurologists, and other medical specialists 

Birth injury cases require extensive medical knowledge, substantial resources, and experienced legal representation to navigate successfully. A Las Vegas injury attorney can leverage all the tools at their disposal to build a compelling case for you and your family. If your child was harmed at birth, contact a lawyer immediately to discuss your next steps.