Las Vegas Birth Injury Attorney

Was your baby injured during delivery? If so, you may need the help of a Las Vegas personal injury attorney. When a newborn infant suffers birth injuries, it is heartbreaking, and devastating to the entire family. If your child was injured at birth through medical negligence, contact The Janda Law Firm today.  As a board-certified neurologist, Attorney Paul Janda has extensive medical knowledge that can benefit parents seeking justice for a baby who has suffered injury or is impaired as a result of medical negligence.

Why Choose Our Las Vegas Birth Injury Attorneys?

• In addition to our legal knowledge and skills, we have extensive medical experience. Attorney Paul Janda is the first and only neurologist-lawyer in the state of Nevada.
• We have in-depth understanding of complex medical evidence and how trauma affects the spinal cord and the brain in birth injury cases.
• We prepare every case thoroughly, as though we were going to trial, crafting well-researched legal strategies that are comprehensive in their intent to pursue the maximum possible compensation.

What Are Common Types of Birth Injuries in Las Vegas?

Birth is a traumatic experience, and minor injuries are not uncommon. However, medical negligence can result in serious birth injuries that could have been prevented. Birth injuries that sometimes occur as a result of medical malpractice include:

• Cerebral palsy: This refers to a group of neurological disorders resulting from damage to the brain. It can occur when the medical team fails to detect fetal distress during delivery.
• Erb’s palsy: This condition involves injury to the nerves in the upper arm. It can be caused by a physician pulling too forcefully on the baby’s arms during childbirth or by improper use of forceps or vacuums.
• Facial paralysis: Pressure on the baby’s face with the use of forceps for delivery can cause injury to the facial nerve. When a newborn baby with facial paralysis cries, there is no movement, and the eye will not close on the injured side of the face. If the facial nerve is torn, surgery may be required to correct it.
• Brachial palsy: This condition results from injury to the nerves that supply the arms and hands (brachial plexus) when the doctor has difficulty delivering the baby’s shoulder. The child loses the ability to flex and rotate the arm. If the nerve is torn, it can cause permanent nerve damage.
• Hypoxic-Ischemic Encephalopathy: This is a serious injury that occurs when the infant’s brain does not receive enough oxygen during labor and delivery. It can result in brain damage, developmental problems, cerebral palsy, epilepsy, and even death.
• Fractures: Clavicle fractures sometime occur during delivery. They are unavoidable in some cases, but in other cases, could have been prevented if the doctor had reasonably foreseen complications and performed a C-section.

How Does a Birth Injury Differ from a Birth Defect in Las Vegas?

Birth injuries are caused by medical malpractice. Negligence can play a role in the development of birth defects, but not always. The cause of birth defects is often genetic or occurs during the development of a fetus. Conditions like Down syndrome, spina bifida, or congenital heart defects are often unavoidable.

Certain birth defects may be caused by medications that a mother takes during pregnancy. Doctors may fail to warn their pregnant patients about certain side effects or fail to read their charts before prescribing a dangerous medication. If your child is born with a birth defect or you suffer any complications, you could file a lawsuit against the doctor who prescribed the drug.

What Are the Long-Term Consequences of Birth Injuries in Las Vegas?

Birth injuries not only impact the immediate health of a newborn but can also lead to long-term consequences that affect the child and their family physically, emotionally, and financially. Physically, children may face challenges ranging from mild developmental delays to severe, lifelong disabilities requiring continuous medical care.

Emotionally, the strain of managing a child’s health needs can lead to stress, anxiety, and depression among family members, impacting their overall quality of life and relationships. Financially, the cost of ongoing treatments, therapies, and accommodations for any disabilities can place a significant burden on families, potentially affecting their ability to work, maintain financial stability, and provide for the child’s and the family’s needs.

The Janda Law Firm understands the multifaceted nature of these consequences and aims to support families through these challenging times. By filing a birth injury lawsuit, you and your family can recover full and fair compensation to address these losses and support your child’s needs moving forward.

Common Signs and Symptoms of Birth Injuries in Las Vegas

Recognizing the signs and symptoms of birth injuries is crucial for early intervention and treatment. These can vary widely, depending on the nature and severity of the injury. Common indicators include:

• Difficulty feeding or swallowing: This may manifest as poor sucking ability, which can lead to weight loss or failure to gain weight appropriately. Difficulty feeding or swallowing can result from nerve or brain damage sustained during birth.
• Muscle stiffness or looseness: Indicative of muscle tone issues, this can affect a child’s movement and physical development. Muscle stiffness or looseness often results from injuries to the brain or spinal cord during birth.
• Developmental delays: Delays in reaching milestones such as crawling, walking, or talking can suggest a birth injury’s impact on the child’s growth.
• Seizures: Occurring in the first few days of life, seizures can be a sign of neurological damage resulting from a birth injury.
• Breathing problems: This may include periods of no breathing (apnea) or other respiratory difficulties. Breathing problems in newborns can be a direct consequence of birth injuries that impact the brain’s respiratory control centers or cause physical harm to the respiratory system.

What Causes Most Birth Injuries?

The causes of birth injuries are often complex and multifaceted. Any medical professional can make a mistake that can cause a serious physical or cognitive disability, affecting the child and their family for the rest of their life. Identifying the cause of a birth injury is a crucial first step, as it can help establish the case for medical negligence.

• Improper use of birth-assisting tools: Forceps or vacuum extractors, when used incorrectly, can lead to physical trauma such as skull fractures or nerve damage.
• Delayed birth: Prolonged labor can cause distress for the baby, leading to a lack of oxygen (also known as hypoxia) and subsequent injuries.
• Oxygen deprivation: This can occur due to various reasons during delivery, such as failure to monitor a baby’s heart rate. Oxygen deprivation often results in injuries such as brain damage or cerebral palsy.
• Excessive force during delivery: Applying too much force on the baby’s head, neck, or shoulders can lead to nerve damage and injuries such as brachial plexus or Erb’s palsy.
• Unnecessary delays for medical intervention: Delays in performing necessary surgical interventions, like cesarean sections when the baby shows signs of distress, can result in preventable birth injuries.
• Failure to diagnose pregnancy complications: Conditions such as gestational diabetes, preeclampsia, or infections, if left undiagnosed or poorly managed, can lead to adverse birth outcomes.

Who Is Liable For A Birth Injury In Nevada?

Birth injury claims are a type of medical malpractice claim and not limited to medical doctors. Potentially liable parties may include nurses, anesthesiologists, hospitals, and other healthcare facilities and medical providers. Hospitals may be held liable for birth injuries directly for their own negligence, or vicariously for the negligence of their employees. However, this is not the case when physicians are independent contractors, rather than employees of the hospital. A pharmaceutical company may be liable for birth injuries if a drug caused the injuries, but only if the manufacturer failed to warn doctors of its potential dangers and side effects.

How Much Is a Birth Injury Lawsuit Worth in Las Vegas?

By filing a birth injury lawsuit, your family could recover compensation for your child’s economic and non-economic damages. Your child’s non-economic damages are the pain and suffering he or she suffered as a result of the doctor’s negligence. Examples of pain and suffering include:

• Permanent disability
• Emotional distress
• Loss of quality of life
• Chronic pain
• Depression and anxiety

Economic damages are the financial costs that resulted from the birth injury, such as the following:

• Your child’s past and future medical expenses
• Mobility or assistive equipment
• Rehabilitation and therapy
• The cost of caregivers or care facilities

Settlements in birth injury claims depend on the individual damages that the child experienced. As a result, no two lawsuits are alike. In cases where a child suffers a severe, permanent birth injury, for example, the family would recover a higher settlement than the family of a child who does not need ongoing medical care.

During the lawsuit, your attorney from Janda Law Firm will identify every type of compensation your family may be entitled to receive. Then, he will calculate your potential award and advocate aggressively for the highest possible settlement.

The Statute of Limitations for Birth Injury Claims in Nevada

A statute of limitations is a law that sets a deadline for filing certain types of lawsuits. The court will likely dismiss your lawsuit if you file a birth injury claim after the deadline, so it is very important to file on time.

For most birth injury claims, the statute of limitations is two years from the date of your child’s birth injury. However, there are some exceptions:

• If you did not and could not know about the injury until later, your family would have two years from the date that you discovered or should have discovered the injury to file.
• If the birth injury resulted in brain damage or a birth defect, the statute of limitations is extended until the child is 10 years old.

How Can a Las Vegas Birth Injury Attorney Help?

If you plan on filing a birth injury lawsuit, you need an attorney on your side. At the Janda Law Firm, our Las Vegas birth injury attorneys are dedicated to helping victims of medical negligence navigate the litigation process and recover the compensation they deserve. Our firm will work tirelessly to seek justice for your child and hold the at-fault doctor accountable.

Our attorneys can help you:

• Investigate the cause of your child’s injury
• Gather evidence to prove your case
• Negotiate with other parties
• Calculate your child’s damages
• Enlist the help of expert witnesses
• Prepare your case for trial

The Legal Process for Birth Injury Claims in Nevada

Learning that your child suffered a birth injury can feel overwhelming. While no amount of compensation can undo what happened, taking legal action can help secure the resources your family needs for your child’s care. Understanding the legal process ahead can provide you with peace of mind during this already difficult time.

Here is what you can expect when pursuing a birth injury claim in Nevada:

• A Las Vegas birth injury attorney meets with you to hear your story, answer your questions, and help you understand your legal rights as a parent.
• Your lawyer gets to work immediately requesting and reviewing all medical records to identify exactly what went wrong during labor and delivery.
• Medical experts examine your case to determine if proper care standards were followed and pinpoint where healthcare providers may have made mistakes, helping satisfy Nevada’s affidavit of merit requirement.
• Your attorney begins negotiations with the insurance companies, presenting the evidence of negligence and fighting for fair compensation.
• If a fair settlement cannot be reached, your lawyer files the lawsuit and begins the discovery process, gathering additional evidence through depositions and document requests.
• Negotiations continue while both sides prepare for court. If these negotiations are unsuccessful, your attorney prepares your case for trial and will present compelling evidence in front of a judge or jury.

Nevada’s Affidavit of Merit Requirement

Before moving forward with your birth injury case, Nevada law requires you to submit a document called an affidavit of merit. This affidavit helps strengthen your case by having a qualified medical expert confirm that there are valid grounds for your claim. The expert reviews your situation and provides a sworn statement detailing how medical negligence contributed to your child’s injury. Your Las Vegas birth injury lawyer can help you connect with a medical professional who meets the requirements set by Nevada law, helping you satisfy the affidavit of merit requirement.

NRS 41A.071. Dismissal of action filed without affidavit of medical expert. 

If an action for professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit that:

1. Supports the allegations contained in the action;
2. Is submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence;
3. Identifies by name, or describes by conduct, each provider of health care who is alleged to be negligent; and
4. Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.

Types of Evidence Required in Birth Injury Cases in Las Vegas, Nevada

To build a strong case for your family, your attorney will need to gather substantial evidence that clearly demonstrates how medical negligence caused your child’s injury. Several pieces of evidence can be used to prove a birth injury lawsuit. For example, your complete pregnancy, labor, and delivery records can provide a detailed timeline of events and help medical experts identify critical mistakes.

Your Las Vegas birth injury attorney can also analyze fetal monitor strips, which reveal how your baby responded during labor and can show if warning signs were missed. Communications between doctors and nurses frequently reveal important details about decisions made during your delivery, while diagnostic tests and scans document your child’s injuries and help prove the extent of harm caused by negligence. Together, these pieces of evidence create a comprehensive picture that supports your claim and helps secure the compensation your family deserves.

Contact our Las Vegas Birth Injury Lawyers at The Janda Law Firm

Serious birth injuries can cause lifelong disabilities and require years of medical treatment. If your child was injured at birth and you believe or suspect it resulted from medical malpractice, contact The Janda Law Firm right away. Our birth injury lawyers in Las Vegas are here to provide the strong legal representation and dedicated advocacy your family deserves.