Birth Injuries Caused By Medical Negligence
Sometimes, birth injuries happen due to no fault of a medical professional – such as those caused by genetic conditions. But these injuries are often avoidable and sometimes only occur because a doctor, nurse, obstetrician, or other healthcare provider failed to follow the accepted standard of care for their profession.
When a medical professional fails to meet this duty of care, he or she may be considered medically negligent. Proving negligence is the cornerstone of any medical malpractice lawsuit.
Common Forms Of Medical Negligence During Childbirth
There are several forms of medical negligence that commonly lead to serious birth injuries:
- Failing to order a c-section (or ordering one too late) that could have prevented birth complications
- Failing to identify and treat a maternal health condition which lead to a birth injury
- Failure to identify signs of fetal distress, such as a prolapsed umbilical cord
- Prescribing a medication that has harmful side effects for the pregnancy
- Mistakes while using vacuum extractors, forceps, and other assisted delivery tools
These are just a few of the most common examples we see cited in birth injury lawsuits. But if any deviation from commonly followed medical practices caused your child’s birth injury, your family likely has grounds for a birth injury malpractice lawsuit.
Serious Complications Caused By Birth Injuries
Medical errors during the delivery process can lead to lifetime health complications for the child. Some of the most serious conditions that result from birth injuries include:
Medical Malpractice Laws In Nevada
The laws governing medical malpractice lawsuits are set at the state level. If your child recently suffered a birth injury in a Nevada hospital or healthcare facility, you may be wondering how Nevada’s malpractice laws could affect your family’s legal rights. It’s good to be aware of these laws, but you’ll need to discuss the specifics of your family’s situation with an experienced birth injury lawyer before you can fully understand how they apply to your case.
Deadlines For Filing A Malpractice Lawsuit
In each state, there is a time limit for filing a medical malpractice claim. This type of law is known as the statute of limitations. The date for this deadline varies depending on the unique circumstances of a case. If you plan on taking legal action for a birth injury, it’s important to act quickly to make sure you file your claim within this time limit. You can gain a better understanding of how this law applies to your case by speaking with an experienced Nevada birth injury malpractice lawyer.
Limits On Financial Compensation
Nevada is one of many states to set a maximum cap on the amount of non-economic damages you can recover in a medical malpractice case. Non-economic damages are those without a direct financial cost, such as pain and suffering, loss of enjoyment of life, and other non-economic losses.
Economic damages are uncapped, and will be calculated based on the direct financial expenses of your child’s birth injury, such as medical expenses, lost income, loss of earning capacity, and other easily calculated damages.
Affidavit Of Merit
In Nevada, medical malpractice plaintiffs are required to submit a document called an affidavit of merit alongside their lawsuit. This document must contain the opinion of a medical expert, stating that your injuries were caused by a medical error or omission by a healthcare provider. The medical expert you consult for this affidavit must practice in the same field as the healthcare provider you’re filing the lawsuit against.
Don’t worry about finding a qualified medical expert on your own. Along with all other legal aspects of your case, this can be handled by your lawyer.
Filing A Birth Injury Malpractice Lawsuit In Nevada
As you can imagine, filing a birth injury malpractice lawsuit is a complicated process. It involves establishing negligence through detailed medical evidence and testimony from qualified medical experts, meeting the complex legal requirements of Nevada state law, and taking on powerful insurance carriers and their lawyers in the courtroom.
It’s important for families in this situation to speak with a trusted and experienced Nevada birth injury lawyer as soon as they can. Our lawyers can guide you through each step of the process and make sure your child gets the full financial support he or she needs in a timely manner. To find out more about your family’s legal options following a preventable birth injury, get in touch with us today for a free consultation.