Birth injuries can occur during pregnancy, labor, or after delivery, and they can cause significant impairment to the child. Depending on the events leading up to injury, parents may be able to file a medical malpractice lawsuit against any liable party.
Medical professionals have a duty to provide a standard of care. If they give substandard care, they may be found liable for negligence. If your child was the victim of a birth injury, a Nevada birth injury lawyer can help you file a claim and get compensation.
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A Nevada Birth Injury Lawyer Can Take On Your Case
As you focus on your child’s condition and their rehabilitation, a birth injury attorney in Nevada will take on your case and handle every piece of the legal side of things. This includes:
- Offering legal advice
- Filing your claim
- Negotiating with insurance companies
- Completing all paperwork and communications
- Assessing your damages
- Hiring a medical malpractice expert
- Representing you in court if your case does not settle in mediation
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Common Types of Birth Injuries
Birth injuries encompass various conditions that can occur during childbirth, and each case holds its unique complexities. What makes every case truly distinct is the intricate interplay of factors that contribute to its development. Birth injury cases demand individualized attention and thorough investigation.
Common types of birth injuries include:
- Placental birth injury
- Injuries caused by oxygen deprivation
- Bell’s palsy
- Erb’s palsy
- Spinal cord injuries
- Brain damage
Time Limit to File a Birth Injury Lawsuit
Nevada has a time limit in which you can file a birth injury claim. A medical negligence lawsuit must be filed within three years of the child’s birth or three years from when the injury was diagnosed, according to Nevada Revised Statute §41A.061.
If a child suffers brain damage or a birth defect, parents have until the child’s 10th birthday to file their claim. In the event that the baby passed away due to another individual’s careless behavior, you can file a wrongful death lawsuit and it must be filed within two years from the date of death.
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Punitive Damages in a Birth Injury Lawsuit
Your birth injury lawyer can fight to get you the most financial compensation to cover your economic and non-economic damages, which are also known as compensatory damages. In addition to this, you can get justice with punitive damages.
Punitive damages are set as a punishment to the defendant and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful. According to Nevada Revised Statute §42.005, these damages cannot exceed:
- Three times the amount of compensatory damages awarded to you if the amount of compensatory damages is more than $100,000.
- Three hundred thousand dollars if the amount of compensatory damages awarded to you is less than $100,000.
Medical Negligence and Birth Injury Claims
A Nevada birth injury attorney will identify liable parties in your case. These can include doctors (such as obstetricians and gynecologists), nurses, health care facilities, hospitals, and clinics.
Some examples of possible negligence that these individuals could done include:
- Failure to recognize fetal distress or umbilical cord entrapment
- Failure to monitor or perform proper tests
- Improper use of forceps
- Delay in ordering a medically-necessary c-section
Birth Injuries Resulting in the Death of a Mother
No words can express the devastation experienced by the family when medical errors take the mother’s life during labor. These injuries are thoroughly investigated. A birth injury lawyer can help families get answers on what happened after these birth complications.
The monetary costs that result from a death in the family also lay a heavy burden on surviving family members. By filing a wrongful death claim for this birth injury, these family members can get reimbursed and be freed of financial and legal burdens. Potentially fatal complications a pregnant woman may face during labor include:
- C-section injuries
- Failure to diagnose or treat preeclampsia
- Anesthesia errors
- Vaginal birth errors associated with shoulder dystocia
Protect Your Child’s Rights With Birth Injury Lawyer Group’s Help
Birth Injury Lawyer Group has achieved outstanding results for clients who have suffered through a birth injury. Our firm can provide you with birth injury legal counsel and representation during this stressful and difficult time.
As a convenience and proof of our dedication, we represent our clients on a contingency-fee basis and do not require any payment unless we win your case. Let us walk your family through the claims process. We can start with a free and confidential case review.