Child Birth Injury in Nevada

Do you know if you waited too long to file a lawsuit for a childbirth injury?

Nevada law gives parents two years to start a civil action against the hospital. But, you can begin litigation up to ten years after an incident that caused brain damage.

The ins and outs of state legislation can have more significant complications than this one. If you believe you may need an attorney, the information in this guide could be invaluable.

What Causes a Childbirth Injury?

While enduring delivery, was a medical professional negligent towards you and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Nevada.

During the labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. This can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. However, if the Nevada medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.

To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones come, and are not reached.

Another example from Nevada involves the premature delivery of an infant. As reported by the Las Vegas Review-Journal, this incident led to a $14.5 million judgment against the obstetrician.

Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Nevada. One of the following examples may apply to your circumstances.

• Improper Vacuum Usage

Sometimes a mother has difficulties delivering a baby through the birth canal. Nevada medical professionals may intervene and use a vacuum to assist. The machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.

• Improper Use of Forceps

There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb. Attending medical professionals may use forceps to help move it through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.

Still, the medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.

• Hypoxia

Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.

This condition often occurs due to a damaged or infected placenta. Thankfully, most Nevada medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.

However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.

• Cesarean Section Delay

An emergency C-section may be necessary due to an infant fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.

In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.

In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.

• Subgaleal Hemorrhage

This hemorrhage is a collection of blood between the soft and connective tissues of a baby’s skull. While this injury can occur during uncomplicated deliveries, it is more frequent when tools are necessary. For example, data has found using a vacuum increases the incidents to 60 out of 10,000 births.

A subgaleal hemorrhage is a potentially life-threatening childbirth injury. If an infant receives attention early enough, it is a treatable condition. But, if this comes about because of negligence, you should not have to pay for an obstetrician’s mistakes.

• Peripheral Nerve Damage

The peripheral nervous system extends from the brain through the spinal cord. Damage to it can create significant complications controlling arms, hands, and legs. During childbirth, it is not unusual for these symptoms to develop after the nerves in the shoulder become injured.

Peripheral nerve damage can correct itself with time. After all, the human body has a significant capacity to heal itself. But, more concerns will need further medical care when it goes untreated.

• Fractures

As with adults, fractures in babies can have significant differences in severity. Furthermore, injuries to some parts of the body heal easier than others.

Infants are statistically more likely to experience head, neck, or shoulder fractures. They can also be more likely when an obstetrician does not use tools properly.

What Are Some Other Possible Causes of Childbirth Injury in Nevada?

Other types of medical neglect that could result in injuries to the child or the birth mother include:

• Failing to perform sufficient prenatal testing
• Not using labor-inducing drugs timely
• Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
• Not addressing changes in the baby’s condition

Why Should You Take Action for Your Child Birth Injury?

It is essential that any parent whose child has been diagnosed with a birth injury in Nevada, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.

Nevada has a child mortality rate of 5.7 per 1,000 births. Moreover, this statistic dropped by only 2% from 2009 to 2019. If trauma has struck your family during childbirth, you deserve to be more than a number on a graph. Your family deserves compensation for temporary or lifelong consequences of a hospital’s mistakes.

Work With an Experienced Local Child Birth Injury Lawyer in Nevada

If you expect birth injury medical malpractice in Nevada, you should take action. Cases can vary sharply depending on the state in which the injury occurs. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across Nevada state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!