Las Vegas Birth Injury Lawyer
Newborns and mothers can suffer from various birth injuries when medical professionals are reckless or negligent.
When you—or the mother of your child—go into labor, you typically rely on a team of medical professionals. In most situations, you will head to a hospital where a physician will monitor the situation and then, finally, deliver the baby. During this time, you expect the doctors and nurses to take good care of you and your child. You do not go into the process worried about negligence and birth injuries. When any member of a mother’s team is careless or fails to follow proper procedure, or fails to see and respond to warning signs, the risk of harm for both mother and baby rise significantly. This carelessness could result in a minor, moderate, or severe birth trauma.
If your child suffered an injury because of a doctor or nurse’s actions during the pregnancy or birth, do not hesitate to call a birth injury lawyer at Paul Padda Law at (702) 366-1888. You also can contact us through our online form to schedule a free consultation. Our Las Vegas medical malpractice attorneys will carefully review your child’s medical records and your experience to determine if you have a medical malpractice claim.
Common Types of Birth Injuries
Some of the most common birth trauma’s a newborn may suffer due to medical negligence include:
- Bone Fractures: During challenging deliveries, or due to a physician or nurse’s carelessness, a newborn may suffer a broken bone. Babies may suffer a broken clavicle, which may heal on its own or require immobilization.
- Oxygen Deprivation at Birth: If the fetus or newborn does receive enough oxygen, they can suffer mild or severe injuries. Insufficient oxygen or a brief time without oxygen may not lead to permanent injuries. However, oxygen deprivation can also lead to permanent brain damage and disabilities. Different types of oxygen deprivation are known as anoxia, hypoxia, birth asphyxia, and perinatal asphyxia. To ensure a fetus and newborn receive enough oxygen at all times, the mother and baby should be closely monitored for signs of distress. If your infant has injuries due to a lack of oxygen at birth, call a birth injury attorney right away.
- Hematoma on the Baby’s Head: Your child may have a pooling of blood underneath the skin at the base of the skull. This is known as cephalohematoma, and it does not create any risk to your child’s brain cells. However, you need to have your child examined by a doctor to ensure there are no other injuries. Subconjunctival hemorrhage in a newborn is when there is a burst blood vessel in an eye. This is typically the result of pressure during birth and may clear up on its own. A subdural hematoma is a different injury, and it may be serious. It needs to be treated properly to ensure your child recovers as fully as possible and avoids secondary injuries.
- Brachial Plexus Injuries (BPI): This type of injury involves the bundle of nerves at the top of the spine. These nerves run through the neck, shoulder, arm, and hand. Mild damage to these nerves (neuropraxia) may heal slowly on its own. However, more severe damage (neuroma or avulsion), such as if the nerves are torn, mean your child may live with a severe or permanent disability.
- Facial Paralysis: Difficult births and physician negligence can lead to damage over the nerves and muscles in a newborn’s face. This type of injury can lead to temporary or permanent facial paralysis. Your child may be unable to move a part of their face for a period or throughout their life.
- Cerebral Palsy: A common birth injury is cerebral palsy at birth. This injury is caused by a brain injury while in vitro, during labor, or during a C-section. It can be the result of the mother suffering from an infection during pregnancy, an infant infection, oxygen deprivation, or an infant stroke. The risk of Cerebral Palsy increases when a physician fails to properly monitor a fetus for distress and fails to use corrective tools to decrease the risk of a fetus or birth injury. Cerebral Palsy’s main characteristics are muscle weakness, muscle spasms, and under-development of motor skills. If your child has been diagnosed with Cerebral Palsy, call our Cerebral Palsy lawyers today.
- Spinal Cord Injuries: If a physician or nurse improperly uses forceps, your newborn could suffer damage to their spinal cord. Your child may recover from strain or partial tear to the spinal cord to a certain extent. However, a partial or full tear of the cord can result in loss of sensation, loss of movement, incontinence, and other significant complications. If your child is suffering from any type of nerve damage suffered at birth, do not hesitate to contact a birth trauma lawyer from Paul Padda Law.
Filing a Birth Injury Lawsuit
If your newborn has been diagnosed with an injury following birth, and you believe the injury was the result of medical negligence, call our birth injury attorneys right away. Physicians and other medical professionals are required to provide you with a certain standard of care. When the care you receive falls below that standard, this is known as negligence. When an injury results, you may have the right to bring a medical malpractice claim and pursue damages. You should talk with an attorney about Nevada’s requirements for bringing a medical malpractice claim, the legal process, and the possible outcomes of a case.
Nevada’s Affidavit of Merit Requirement
Medical malpractice claims are far more complex than personal injury lawsuits. You will need medical evidence to prove a physician or other medical professional was negligent and that this negligence caused you or your child an injury. This requires hiring an appropriate medical professional who can review the evidence and provide testimony regarding the physician’s departure from the appropriate standard of care.
This expert is needed right away because to file a medical malpractice claim in Nevada, you need to submit an affidavit of merit from an appropriate medical practitioner. This affidavit states that the professional has reviewed the records and believes there is evidence that the medical provider was negligent.
If you file a Nevada birth injury claim without an affidavit of merit, the court is likely to dismiss your claim, and you will have wasted time and money. It is best to work with an experienced legal team like that of Paul Padda Law to ensure you file a medical malpractice claim the right way the first time.
Medical Malpractice Statute of Limitations
In Nevada, you typically have three years from the date of the injury to file a medical malpractice suit. Or, if you did not learn of your child’s injury or its connection to their birth until some time later, you may have one year from the date you reasonably discovered the injury.
Three years may seem like a long time, but it goes by quickly in relation to medical malpractice claims. There is a great deal of work to be done before we can file the lawsuit in court, which is why it is essential to contact a birth injury lawyer as soon as you know something has harmed your child.