A birth injury could mean your child was born with a physical condition that requires years of medical care. You may be looking at a lifetime of expenses your family was not prepared for. The financial stress alone can make your situation seem impossible and your future uncertain.
Like many parents in your situation, you may be angry, confused, and unsure who is responsible. Our Henderson birth injury lawyers can review your child’s medical records, identify what went wrong during labor or delivery, and help your family pursue compensation.
Sweet James has experience helping injury victims for more than 25 years. Our team is ready to fight for your family. Call today to schedule your free consultation and learn more about how our Nevada birth injury lawyers can help with your case.
Can You Sue a Doctor or Hospital for a Birth Injury?
In Nevada, you can file a medical malpractice claim against a doctor, nurse, midwife, or hospital if their negligence caused your child’s birth injury. You must show that the provider failed to meet the accepted standard of care and that failure directly caused harm to your child.
Standard of care refers to what a reasonably competent provider would have done in the same situation. For example, if a doctor failed to respond to signs of fetal distress or improperly used forceps, that may constitute malpractice.
You may hold a hospital liable for the actions of its staff or for systemic failures such as inadequate staffing. Our birth injury lawyers can help you understand whether the provider’s actions fell below accepted standards and what actions to take next.
How Our Team Can Help Your Family
Hospitals and other medical institutions must be ready to defend themselves against medical negligence lawsuits. They have powerful attorneys on their side who get paid to make sure they win. It is not easy for the average person to take them on by themselves, but we can help.
Our personal injury lawyers know how to handle the big medical companies and their insurers. We will fight for the full compensation you and your loved ones need to ensure the brightest possible future. While every case is different, we typically serve our clients in specific ways.
Investigate the Incident
We may begin by obtaining and reviewing your child’s complete medical records. We can work with medical experts to determine whether the standard of care was met and where it was not. We want to find out what happened, who was involved, and what actions they took.
Assess Damages
We can calculate the full scope of your family and your child’s damages, including things like:
- Future medical costs
- Psychological and occupational therapy
- Adaptive equipment
- Pain and suffering
Our goal is to recover compensation that reflects the actual long-term impact of the injury on your child and your family. Our Henderson personal injury lawyers will seek accountability from every party that played a role in your child’s injuries.
Manage Your Claim
If the evidence supports a claim, we can file on your behalf and handle all communication with the hospital’s legal team and insurance carriers. We will make sure your paperwork is submitted correctly and on time and help you avoid common errors that can hurt your case.
Medical negligence cases are often settled out of court. We will negotiate for a settlement that fully accounts for your losses. If the insurer is unwilling to do things the easy way, our Henderson birth injury attorneys are ready to stand up for you in civil court.
How Long Do You Have to Sue for a Birth Injury in Nevada?
Per NRS Section 41A.097, Nevada’s statute of limitations for medical malpractice requires a claim to be filed within three years from the date the negligent act occurred, or two years from the date the injury was discovered (or reasonably should have been discovered), whichever comes first.
However, birth injury cases involving minors follow a different rule. Under Nevada law, a child who was born with brain damage or a birth defect has until their tenth birthday to file a medical malpractice claim, regardless of when the injury was discovered.
This extended window exists because birth injuries are sometimes not diagnosed until a child begins missing developmental milestones. If you suspect your child suffered a preventable birth injury, contact our birth injury lawyers in Henderson as soon as possible.
Talk to Our Birth Injury Attorneys Serving Henderson
A birth injury caused by medical negligence can leave your family with questions, grief, and financial burdens that can last a lifetime. Nevada law gives you a path for holding the at-fault medical professional accountable, but building a strong case takes time.
Hospitals and their insurers may push back to avoid liability. It can feel like a tremendous hill to climb when you are already dealing with such heartache. Let our Henderson birth injury attorneys handle the legal challenges so you can be there for your child and family.
Our team at Sweet James understands what it takes to go up against well-funded defense teams. If your child suffered a birth injury and you believe a medical provider was at fault, contact us today to set up your free consultation.
Sweet James Accident Attorneys
Henderson Office Location
2920 North Green Valley Parkway,
Ste 314, Henderson, NV
Sweet James Accident Attorneys
Henderson Office Location
2920 North Green Valley Parkway,
Ste 314, Henderson, NV
