Birth injuries caused by negligent obstetric care — including hypoxic-ischemic encephalopathy leading to cerebral palsy, brachial plexus injuries (Erb’s palsy), neonatal brain hemorrhage, and injuries from improper use of delivery instruments — represent some of the most devastating medical malpractice cases in Nevada. Las Vegas has multiple high-volume labor and delivery hospitals including University Medical Center (UMC), Sunrise Hospital, Valley Hospital, and St. Rose Dominican Hospital, all of which handle thousands of births annually and each of which has faced medical malpractice claims involving birth injuries. Marathon Law Group handles Nevada birth injury and cerebral palsy malpractice claims in Las Vegas and throughout Clark County, working with top medical experts to build the most powerful case for injured children and their families.
Injured in Las Vegas? Call Marathon Law Group at (702) 522-1808 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Nevada’s Medical Malpractice Statutes and Birth Injury Claims
Nevada medical malpractice claims — including birth injury cases — are governed by NRS Chapter 41A. Key Nevada-specific rules that affect birth injury cases include: the 3-year statute of limitations from the date of injury or the date the injury was discovered or reasonably should have been discovered (NRS 41A.097), but for injuries to minors under age 10 at the time of injury, the statute is tolled until the child’s 10th birthday or 3 years from the date of injury, whichever is later; the requirement of an affidavit of merit from a licensed physician in the same specialty as the defendant (NRS 41A.071) that must be filed with the complaint or the complaint will be dismissed; and a $350,000 cap on non-economic damages against a single provider, or $100,000 against a state-employed physician under the Nevada Tort Claims Act (NRS 41.031) — though the constitutionality of this cap has been challenged and practitioners should monitor current case law. Economic damages — lifetime medical and attendant care costs, adaptive equipment, home modifications, and loss of earning capacity — are not subject to any cap in Nevada and are fully recoverable. For a child with moderate to severe cerebral palsy, lifetime economic damages can reach $4 million to $12 million, making these cases among the highest-value malpractice claims in Nevada. Common Nevada birth injury scenarios include: failure to recognize and act on non-reassuring fetal heart rate tracings indicating cord compression or placental insufficiency; delayed decision for emergency cesarean section; improper Pitocin administration causing uterine hyperstimulation and fetal hypoxia; shoulder dystocia mismanagement causing Erb’s palsy from excessive lateral traction; and vacuum or forceps misapplication causing intracranial hemorrhage.
Expert Evidence and the Nevada Birth Injury Case
Nevada birth injury malpractice cases require a multi-expert approach: a perinatologist or obstetrician to review the labor and delivery records (including electronic fetal monitoring strips) and opine on the standard of care and what a reasonable provider would have done at the critical decision points; a pediatric neurologist or neonatologist to establish that the type, timing, and distribution of the child’s brain injury is consistent with an intrapartum (during labor and delivery) hypoxic event rather than a prenatal or postnatal cause; a life care planner to comprehensively assess the child’s lifetime care needs including attendant care hours, physical therapy, occupational therapy, speech therapy, adaptive equipment, home modifications, and projected medical complications; and a forensic economist to reduce the life care plan to a present value for purposes of damages calculation. The fetal monitoring strips — the continuous paper or electronic record of the fetal heart rate during labor — are the most critical single document in a birth injury case and should be preserved and reviewed by qualified experts as soon as possible after the injury. Marathon Law Group has the experience and expert network to pursue Nevada birth injury cases of any complexity at UMC, Sunrise, and all Clark County hospital systems.
If you or a loved one has been injured, contact our experienced Las Vegas medical malpractice attorney at Marathon Law Group. We offer free consultations and only get paid when you win.
For more information about your legal options, visit our Nevada personal injury practice area page or contact us today for a free consultation. You should also be aware of the Nevada personal injury statute of limitations to protect your rights.