Childbirth should be one of life’s most joyful moments, but when medical professionals make careless mistakes, that joy can turn into heartbreak. A birth injury caused by negligence can leave a child facing lifelong challenges and parents burdened with emotional and financial strain.
In Nevada, families have the right to hold hospitals and healthcare providers accountable when preventable errors cause harm.
Understanding Birth Injury vs. Birth Defect
It is important to understand the difference between a birth defect and a birth injury.
- A birth defect is typically genetic or develops during pregnancy.
- A birth injury occurs during labor or delivery and is often the result of medical negligence.
Examples of preventable birth injuries include:
- Brain damage caused by lack of oxygen (hypoxia)
- Shoulder dystocia or nerve damage during delivery
- Skull fractures or internal bleeding from improper use of forceps
- Cerebral palsy resulting from delayed C-section or failure to monitor distress
These injuries often require ongoing medical care, therapy, and specialized support for the child’s entire life.
When Medical Negligence Causes Birth Injuries
Under Nevada law (NRS Chapter 41A), medical malpractice occurs when a healthcare provider fails to use the level of care, skill, and judgment that a reasonably competent professional would have used under similar circumstances.
Examples of negligence during childbirth include:
- Failing to monitor fetal heart rate or signs of distress
- Delaying a necessary C-section
- Administering incorrect medication or dosage
- Misusing delivery tools such as vacuum extractors or forceps
- Ignoring complications that arise during labor
Proving negligence requires showing that the provider’s actions directly caused the injury and that the injury could have been prevented with proper care.
Proving Liability in a Birth Injury Case
Birth injury cases are complex and rely heavily on expert medical testimony. An experienced birth injury lawyer will work with obstetricians, neonatologists, and other medical specialists to review the case and determine where the care failed.
Key evidence may include:
- Medical records and fetal monitoring data
- Testimony from medical experts
- Hospital protocols and nursing logs
- Statements from witnesses in the delivery room
Establishing liability allows the family to recover damages for medical costs, future care, and emotional suffering.
Compensation Available for Families
If a child suffers a preventable birth injury, the family may be entitled to compensation for:
- Current and future medical expenses
- Physical and occupational therapy costs
- Adaptive equipment and home modifications
- Lost earning potential for the child
- Emotional distress and loss of quality of life
Because these cases often involve lifelong care, it is important to calculate the full financial impact with the help of experts.
How The Paul Powell Law Firm Can Help
At The Paul Powell Law Firm, we understand the devastating impact a birth injury can have on a family. Our attorneys are experienced in handling medical malpractice cases and have the resources to take on hospitals, doctors, and insurance companies.
We work tirelessly to investigate the circumstances of each case, identify where negligence occurred, and fight for full and fair compensation. Our firm partners with top medical experts to ensure no detail is overlooked.
Our commitment to More Lawyer, Less Fee means you receive skilled, compassionate representation without inflated costs. We are here to protect your rights and your child’s future.
If your child suffered a birth injury due to negligent medical care, call The Paul Powell Law Firm at 702-728-5500 for a free consultation. Our attorneys will review your case, explain your options, and help you pursue the justice your family deserves.
About The Paul Powell Law Firm
The Paul Powell Law Firm represents clients across Nevada in medical malpractice, birth injury, and personal injury cases. Our attorneys have recovered millions in compensation for victims of negligence and are known for their experience, compassion, and commitment to results.
We believe every family deserves answers and accountability when medical professionals fail in their duty of care.
Contact us today for a free consultation. You deserve More Lawyer, Less Fee.