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Nevada Birth Injury Lawyer

A birth injury is the last thing a parent expects to happen during labor and delivery. If your newborn experienced trauma during birth or shortly after, he or she may suffer serious health consequences. At The Janda Law Firm, our medical malpractice attorneys help families seek justice and compensation for Nevada birth injuries. We believe in protecting patients from the carelessness of health care professionals. If your child has a birth injury, please contact us for a free consultation. You may be eligible for compensation.

Why Clients Choose Our Nevada Birth Injury Attorneys

  • Our founding partner is a neurologist. As the only neurologist attorney in Nevada, he offers an advantage to his clients. His extensive medical background can prove invaluable during birth injury claims.
  • Our medical knowledge enables us to save our clients time and resources by being able to research birth injury claims quickly. We prepare all cases as if they will go to trial for the most comprehensive legal strategies possible.
  • Our birth injury lawyers in Nevada accept cases on a contingency fee basis. This payment arrangement means you will never pay for your lawyer out of pocket. You only pay if your lawyer wins the case, and only out of the compensation won.

What Can a Birth Injury Lawyer Do?

Birth injury claims involve complicated medical malpractice and hospital negligence laws. The hospital or individual practitioner your family believes caused the birth injury will likely have a powerful legal defense team to contest your claim. Rather than taking on difficult settlement negotiations and complex laws alone, hire a personal injury attorney to do so for you. A birth injury lawyer can strengthen your claim to financial damages and protect you from insurance bad faith practices. You can focus on your child and family while a lawyer handles your lawsuit in Nevada.

Common Types of Birth Injuries

You might have a birth injury claim if your child has any type of injury or trauma from someone else’s mistake made during your pregnancy, labor or delivery. Always consult with a birth injury lawyer before assuming you do not have a claim. At The Janda Law Firm, we can help parents bring lawsuits for all types of negligence- or malpractice-related birth injuries in Nevada.

  • Bone fractures
  • Cuts or lacerations
  • Nerve damage
  • Facial paralysis
  • Undiagnosed conditions
  • Brain injuries
  • Cerebral palsy
  • Brachial plexus injuries
  • Erb’s palsy
  • Klumpke’s palsy
  • Untreated jaundice
  • Wrongful death

Many birth injuries are temporary. However, some will last the child’s lifetime. Cerebral palsy, for example, is an incurable motor function disorder that stems from brain damage early in development. Although the law does not expect a doctor to prevent every birth injury, it does expect the exercise of a reasonable standard of care during labor and delivery. Breaching this standard and causing a preventable birth injury is medical malpractice.

What Causes Most Birth Injuries?

Any medical professional can make a mistake that can affect newborn children and their families for the rest of their lives. While some factors leading to these injuries are inherent to the complexity of childbirth, many are preventable with proper care and diligence.

Some of the most common causes of birth injuries include:

  • Failure to monitor the mother and baby closely for any signs of distress
  • Not ordering a C-section when necessary for the safety of the mother or child
  • Incorrect use of labor-assistance tools such as forceps or vacuum devices
  • Breakdowns in communication among the medical team, leading to oversight or error
  • Mistakes in administering or managing medications
  • Deprivation of oxygen, resulting in brain damage and other health issues
  • Allowing inexperienced or unsupervised staff to oversee critical aspects of delivery
  • Neglecting to respond to or recognize fetal distress signals
  • Failure to diagnose a high-risk pregnancy or overlook significant risk factors

Long-Term Consequences of Birth Injuries

The aftermath of a birth injury extends beyond the immediate physical harm, often casting a long shadow over a child’s development and quality of life. Families often spend thousands, if not millions, of dollars over a lifetime to address these complications and support their injured child.

These consequences include, but are not limited to, the following:

  • Cognitive impairments affecting learning and problem-solving abilities
  • Loss of motor functions or reduced mobility, hindering independence
  • Brain damage with varied manifestations and severity
  • Seizure disorders, requiring ongoing medical management
  • Developmental delays that may affect educational and social progression
  • The need for special education services and long-term personal care
  • Speech disorders, impacting communication and social interaction
  • Vision or hearing loss, altering the child’s perception of the world

Is Your Child the Victim of Medical Malpractice?

You might have grounds to bring a birth injury claim in Nevada if you or your birth injury attorney can collect evidence of a doctor, nurse, surgeon or health care center’s negligence in connection with your child’s injuries or death. Common examples of negligence that could cause birth injuries are misdiagnosis, failure to diagnose, misreading test results, poor patient care, lack of fetal heart rate monitoring, failure to order an emergency C-section, negligent birthing techniques and mishandling of a newborn. You have three years from the date medical malpractice occurred or one year from the date of injury discovery to file your claim in Nevada.

Statute of Limitations for Birth Injuries

In Nevada, the statute of limitations for birth injuries is three years, but certain circumstances may lengthen or shorten this filing window. To protect your right to compensation, it is essential to consult with a lawyer as soon as you suspect your child was injured due to medical negligence. At the Janda Law Firm, we can help you determine your appropriate filing deadline and initiate your lawsuit as soon as possible.

Nevada Revised Statute § 41A.097: Limitation of actions; tolling of limitation.

  1. Except as otherwise provided in subsection 3, an action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 1 year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:

      (a) Injury to or the wrongful death of a person occurring on or after October 1, 2002, based upon alleged professional negligence of the provider of health care;

      (b) Injury to or the wrongful death of a person occurring on or after October 1, 2002, from professional services rendered without consent; or

      (c) Injury to or the wrongful death of a person occurring on or after October 1, 2002, from error or omission in practice by the provider of health care.

  1. For the purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1 or 2. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of the child’s disability, except that in the case of:

      (a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.

      (b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.

Contact Our Nevada Birth Injury Lawyers

Birth injury attorney Dr. Paul Janda cares about infants, children and families in Nevada. He and his associates stand up for those who cannot speak for themselves. If you believe someone else’s negligence caused your child’s birth injuries, call (702) 758-8888 or send us a message online for a free legal consultation. We may be able to help you hold the at-fault doctor, hospital or birthing center accountable.