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 the damage occur as a result? If so, affected parents can bring a medical malpractice lawsuit for compensation in Nevada.
Timing and action are crucial elements during the labor and delivery process. 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 they may fit the legal definition of negligence.
To prove birth injury, negligence must directly connect 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 is often performed when an infant shows signs of fetal distress. This can occur if the baby’s heartbeat drops due to the mother’s blood pressure or complications like placental abruption or other breathing difficulties.
Many situations may lead a doctor to perform a C-section. For instance, the baby might be in an improper position or fail to descend into the birth canal. In some cases, the mother may experience prolonged labor without adequate dilation, necessitating surgical intervention.
While a cesarean can be critical to ensuring the safety of both mother and baby, delays in performing the procedure can result in serious consequences. If medical staff fails to act promptly, the risks to the health of both mother and child can become severe.
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 in 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. However, 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!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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