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Las Vegas Birth Injury Lawyer
Injuries during birth can have serious effects on a child’s future or the mother’s well-being. In some cases, they may be linked to errors during care. These errors may occur during pregnancy, labor, or delivery. This can include delays in a C-section, improper use of delivery tools, or failure to monitor fetal distress.
Families who bring claims often say the care they received did not meet accepted standards. Some injuries do not go away. A child may deal with developmental delays, physical disabilities, or neurological conditions. These issues can require ongoing care and may lead to financial strain.
If you or your child suffered a birth injury and you believe it may be linked to a medical error, you may have legal options. A Las Vegas birth injury lawyer can review your case and help you understand your options.
Request a free case evaluation to discuss your legal options.
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What Our Las Vegas Birth Injury Lawyers Will Do For You
If you decide to work with Winder Law Firm for your birth injury claim, here is what you can expect.
Investigate Medical Care and Identify What Happened
We get started with reviewing all of the important records around the birth and the mother’s prior treatment. This includes investigating:
- Prenatal care
- Labor notes
- Fetal monitoring strips
We then look for signs that may have raised concern. This can include fetal distress, loss of oxygen, or delays in response. We also build a timeline to track each step and find where errors may have taken place.
Handle Hospitals, Insurers, and Defense Teams
Hospitals and insurance companies defend these cases. They may work to reduce what they pay and may shift responsibility.
We manage communication, negotiations, and legal filings from start to finish. We also respond to low offers and work to address blame-shifting.
Build a Strong Case with Medical Experts
We can work with medical experts to support the case. This includes OB-GYNs, neurologists, and neonatologists.
They explain the standard of care and whether it was breached. Their role supports Nevada’s affidavit of merit requirement.
Pursue Fair Compensation for Your Child and Family
A birth injury can lead to long-term care needs. We look at current costs and future needs, including therapy and daily care.
We prepare each case with care and are ready for trial if needed.
Local Experience in Clark County Courts
We handle cases in Las Vegas, Henderson, Summerlin, and across Clark County. We know the local courts and how cases move through them.
We also follow Nevada malpractice rules, including affidavit filings and strict deadlines.
Meet Aaron A. Winder
Aaron A. Winder is a Nevada personal injury attorney who leads Winder Law Firm. Aaron is a fourth generation Las Vegan who is passionate about helping his community.
He personally helps oversee cases and takes a compassionate approach to helping his clients. His focus is on careful review and client communication. Learn more about Aaron.
Understanding Birth Injuries in Las Vegas
This section explains what exactly a birth injury is, what’s the difference between that and birth defects and what medical malpractice is in Nevada.
What Is a Birth Injury?
A birth injury is defined as physical or neurological harm during pregnancy, labor, delivery, or shortly after birth.
“Birth injuries” include both injuries to the infant as well as maternal injuries. The injuries in question can be both temporary or permanent.
Birth Injury vs. Birth Defect
There is a difference between a birth injury and birth defects.
- Birth injuries are sometimes preventable and may be caused by medical negligence.
- Birth defects are generally genetic or developmental.
There is some area of overlap and that’s medication-related defects, which still may involve negligence.
When a Birth Injury Becomes Medical Malpractice
Medical malpractice in Nevada is also known as “professional negligence.” Here is the exact definition from the Nevada law at the time of writing, NRS 41A.015:
“the failure of a provider of health care, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of healthcare.”
In essence, medical malpractice is a failure to meet an accepted standard of care.
Examples of malpractice:
- Misdiagnosis
- Failure to monitor
- Improper delivery techniques
It’s important to keep in mind that in order for a medical malpractice lawsuit to move forward, a plaintiff needs to prove causation. This means there needs to be evidence that the medical care provider’s actions directly lead to the birth injury.
Common Causes of Birth Injuries
Here are some common causes of birth injuries.
Failure to Monitor Fetal Distress
Ignoring or failing to monitor fetal distress during labor may lead to injury. It’s important to track a baby’s heart rate during labor, this is a key way delivery teams spot trouble.
If the data is ignored or not read correctly, important indicators of distress can be missed. These indicators can include:
- oxygen loss
- abnormal heart patterns
Delayed or Unnecessary C-Section
During labor, sometimes an emergency emerges and there is a need for a timely c-section. If the c-section is delayed, then the baby may lose oxygen which may result in a brain injury. This is often due to:
- improper decision-making
- failure to escalate care
Keep in mind that the opposite is also true, sometimes c-sections are performed unnecessarily when it wasn’t actually needed.
Improper Use of Forceps or Vacuum Extraction
Instruments such as forceps and vacuum devices are sometimes used to assist with baby delivery. If used the wrong way, such as poor positioning or excessive force, they can cause harm such as lasting injuries.
Some injuries from the improper use of such devices may include:
- Skull fractures
- Brain bleeds
- Nerve damage
Some research has shown that intracranial hemorrhage occurs in about one out of every 650 to 850 operative vaginal deliveries.
Oxygen Deprivation
Failure to act quickly to distress signals may result in oxygen deprivation to the baby. This is when the baby doesn’t get enough oxygen and this can happen before, during or after birth.
This may result in:
- Hypoxic-ischemic encephalopathy (HIE)
- Cerebral palsy
- Brain damage
Some common types of oxygen deprivation include:
- Hypoxia – When body tissues have low levels of oxygen.
- Asphyxia – Deprivation of oxygen to the body.
Medication Errors During Labor
Sometimes drugs are used during labor to help move things along. An example is Pitocin, which is sometimes used to start and strengthen contractions.
Errors in administering these drugs may result in an injury to the baby. For example, if too much Pitocin is used, the contraction may become too strong. This is known as uterine tachysystole and it can limit oxygen flow to the baby.
Failure to Identify High-Risk Pregnancy Conditions
Sometimes the mother has a condition that increases the risks during pregnancy. These pregnancies often require close monitoring and extra care. Some examples of conditions that can create these circumstances include:
- Gestational diabetes
- Preeclampsia
If conditions like these are not diagnosed or properly monitored, problems during delivery can occur. This is why it’s important that providers conduct screenings and follow-ups.
Shoulder Dystocia
Shoulder dystocia occurs when the baby’s shoulder becomes stuck during delivery. This can slow or block the birth.
This condition can lead to nerve damage, which may cause weakness or paralysis in the arm. It can also affect blood flow through the umbilical cord, which may reduce oxygen to the baby and lead to serious injury.
Fetal Macrosomia
Fetal macrosomia means the baby is larger than average before birth.
Larger babies are more likely to become stuck during delivery. This increases the risk of complications such as shoulder dystocia and related injuries.
Prolonged Labor
Labor that lasts too long can place stress on both the mother and the baby.
When labor does not progress, the baby may be exposed to ongoing pressure and reduced oxygen levels. This can lead to fetal distress and increase the risk of injury.
Umbilical Cord Compression or Prolapse
The umbilical cord carries oxygen and blood to the baby. If it becomes compressed or moves ahead of the baby during delivery, this flow can be disrupted.
In cases of cord prolapse, the cord can drop into the birth canal before the baby. This can cut off oxygen and create an urgent situation that requires immediate care.
Table of Content
- What Our Las Vegas Birth Injury Lawyers Will Do For You
- Understanding Birth Injuries in Las Vegas
- Common Causes of Birth Injuries
- Common Types of Birth Injuries
- Long-Term Effects of Birth Injuries
- Who Can Be Sued in a Birth Injury Lawsuit?
- What Financial Compensation May Be Available After a Birth Injury?
- Steps to Take If You Suspect a Birth Injury in Las Vegas
- The Legal Process for a Birth Injury Claim in Nevada
- Early Warning Signs of a Birth Injury Parents Should Watch For
- Nevada Laws That Affect Birth Injury Cases
- Nevada Birth Injury Statistics
- Nevada State & Local Resources for Birth Injury Support
- Where is Winder Law Firm’s Office?
Have you or a loved one been affected by a Birth Injury in Nevada?
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Aaron was awesome!! Met me on Saturday morning the day after an accident to get things rolling. He said we had a case, just need to be patience and things will work out. After countless PT trips, surgery, and mri's my body is back to where it was...I am not the most patience person, so I appreciate Aaron and his colleagues dealing with me and getting the maximum that was available..Local people who care about locals!!!!! I HIGHLY recommend Winder law firm.
Joe Lewis
Las Vegas, NV
My experience with the Winder Law Firm was excellent. He truly cared for my well being and was present every step of the way, until my case was resolved. I highly recommend Aaron and his team.
Sandra Deleon
Las Vegas, NV
Disclaimer: Legal outcomes vary. Past results do not guarantee future outcomes.
Common Types of Birth Injuries
Birth injuries can involve different parts of the body. Some impact the brain, while others affect movement or physical structure.
Brain Injuries and Hypoxic Ischemic Encephalopathy (HIE)
Hypoxic Ischemic Encephalopathy (HIE) refers to brain damage caused by a lack of oxygen.
Seizures may be one of the first signs. Developmental delays can also appear. In some cases, the injury leads to lifelong disability.
Cerebral Palsy
Cerebral palsy is a movement disorder that comes from injury to the brain. It affects how a child uses their muscles.
Some children have stiff muscles. Others struggle with coordination. It can be tied to oxygen deprivation or an infection around the time of birth.
Brachial Plexus Injuries
This type of injury involves damage to nerves in the shoulder, arm, or hand. It can occur when delivery is difficult or when pulling is used. The outcome may be temporary or permanent. Some conditions that fall into this category can include:
- Erb’s Palsy
- Klumpke’s Palsy
Fractures and Physical Trauma
Birth can sometimes result in physical injury. This includes fractures of the clavicle or skull.
These injuries may be caused by a difficult delivery or improper handling. Some heal well, while others may point to possible negligence.
Spinal Cord Injuries and Nerve Damage
Spinal cord injuries can result from the use of too much force or improper use of tools.
These injuries can lead to loss of movement or paralysis. They are often severe and may be permanent.
Facial Paralysis and Other Nerve Injuries
Damage to facial nerves can occur during delivery.
This can result from pressure or instrument use. Some cases improve over time, while others may not.
Long-Term Effects of Birth Injuries
Not every birth injury fades. Some follow a child through each stage of life.
Developmental Delays and Cognitive Impairment
As a result of a birth injury, a child may face developmental delays and cognitive impairment. These can include delays in:
- Speech
- Learning
- Motor skills
Such conditions may pose a need for special education services.
Mobility Limitations and Motor Function Loss
A birth injury can result in the child having difficulties with walking and coordination. This may stem from conditions such as Cerebral Palsy (CP). As a result, the child may need special assistive devices to go about their day.
Lifelong Medical Care and Support Needs
In certain cases, the child will be impacted for life from their birth injury. This can result in costs that will be incurred over their entire lifetime. Their needs can include:
- therapy
- surgeries
- medications
- in-home care or long-term facilities
Emotional and Financial Impact on Families
Birth injuries can take a large emotional and financial toll on families. These can include:
- caregiver burden and stress
- lost income and high treatment costs
Who Can Be Sued in a Birth Injury Lawsuit?
This section reviews some of the parties who may be liable in a birth injury claim.
Possible At-Fault Parties
It’s important for a birth injury claim to be thoroughly investigated so that all liable parties can be established. Keep in mind it’s very possible for birth injuries to involve more than one liable party.
Obstetricians and Physicians
In a birth injury claim, it’s possible that the doctors involved, namely the Obstetricians and Physicians’ actions may have led to the birth injury. This often includes errors in:
- Diagnosis
- Delivery decisions
- Surgical actions
Nurses and Medical Staff
Nurses and other medical staff are sometimes liable parties in a birth injury claim. This can stem from errors such as failing to monitor or communicate critical changes during birth.
Hospitals and Birthing Centers
In a Las Vegas birth injury claim, it’s possible that the hospital or birthing center ends up being liable. If this ends up being the case it may be for:
- Staff actions
- Policies
- Understaffing
Anesthesiologists or Specialists
Sometimes errors are made during epidural or anesthesia administration. In this case its often the Anesthesiologists or Specialists who are found liable.
Third-Party Providers or Equipment Manufacturers
In certain instances, third party service providers or equipment manufacturers are liable for birth injuries. This is generally due to defective equipment or a monitoring device failure.
What Financial Compensation May Be Available After a Birth Injury?
If a birth injury claim is found to be viable and proceeds, the affected parties may be able to recover compensation. The compensation is meant to cover damages incurred due to the birth injury.
Settlement Disclaimer: Past results do not guarantee future outcomes. Each case is unique, and compensation depends on individual circumstances.
Economic Damages
Economic damages are usually tied to a direct monetary amount and are relatively easy to calculate. These damages are to cover measurable financial harm from the birth injury. These can include things like:
- Past and future medical bills
- Therapy
- Surgeries
- Medications
- Equipment
- Home Modifications
- Caregiver Costs
Non-Economic Damages
Non-economic damages are more difficult to measure because they are meant to cover the hard to measure aspects of harm. This can include items such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability impact
Steps to Take If You Suspect a Birth Injury in Las Vegas
If you suspect that your family has been affected by a birth injury, here are some steps to consider taking.
Seek Immediate Medical Evaluation
Have your child checked by a doctor as soon as you notice a change in their condition or behavior. It does not need to seem severe and even mild symptoms should be looked at. Finding out about an issue early can affect how things turn out in the long run.
Request and Preserve Medical Records
Collect records from prenatal care through delivery and any NICU stay. These documents are important for legal review.
Document Symptoms and Developmental Concerns
Watch how your child grows and develops. Pay attention to speech, movement, and behavior.
Write things down as they happen. A timeline can help show how issues developed.
Avoid Early Insurance Discussions
You may be contacted by insurance representatives.
Do not give recorded statements. Avoid early settlements until you have more information.
Speak With a Birth Injury Lawyer
A lawyer can help you understand your rights.
Early consultation can help preserve evidence. It also allows a review of whether a claim is possible.
The Legal Process for a Birth Injury Claim in Nevada
Here is a rough outline of how the legal process for a birth injury claim in Nevada will progress.
Case Evaluation and Medical Record Review
While it’s not necessary to hire a lawyer, it can be helpful to have a guide for the legal process.
The first thing that needs to happen is a full review of the timeline of care, this is usually done by a medical malpractice attorney. The lawyer then evaluates whether the case is related to negligence.
Expert Review and Affidavit of Merit Requirement
An expert review is required in Nevada before the filing of any medical malpractice suit can happen. The expert needs to confirm that the case meets legal requirements.
Filing the Lawsuit and Discovery Phase
This is the phase where a lawyer generally will build the case against the defendants. They will seek evidence and file the lawsuit. Depositions of related parties and exchanges of documents will happen.
Settlement Negotiations vs. Trial
Many cases of this nature settle before trial, that said trial is still a possibility. Your Las Vegas birth injury attorney will usually prepare for both situations.
Early Warning Signs of a Birth Injury Parents Should Watch For
Here are some of the warning signs a parent can look out for if you suspect your family has been affected by a birth injury.
Delayed Milestones in Infants
One possible early warning sign that your child was affected by a birth injury is if they don’t hit the milestones in development when they are supposed to. For example, not being able to sit, crawl or speak on time.
Unusual Muscle Tone or Movement
The body may feel stiff or, in some cases, very loose. These changes can be noticeable during daily care.
Movement may also appear uneven. A child may rely more on one side.
Feeding, Breathing, or Seizure Issues
A baby may struggle to suck or swallow during feeding. Breathing can be irregular at times. Seizure activity is another sign that needs attention.
When to Seek Medical and Legal Help
Do not ignore symptoms that continue or worsen. A diagnosis involving a neurological condition is another key moment to act.
If you do not know what caused the problem, you are not alone. Speaking with both medical and legal professionals can help you understand next steps.
Nevada Laws That Affect Birth Injury Cases
This section reviews some of the laws relevant to birth injury claims in Nevada.
Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or change. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.
NRS 41A.015 – Defines medical malpractice as a healthcare provider failing to use the level of care and skill expected under similar circumstances.
NRS 41A.071 – Requires a medical expert affidavit at the time a malpractice lawsuit is filed or the case will be dismissed.
NRS 41A.100 – Requires expert evidence to prove medical negligence and creates a presumption of negligence in certain obvious error cases.
NRS 41A.097 – Sets strict time limits for filing medical malpractice claims, with special extensions for minors with birth injuries.
NRS 41A.017 – Defines who qualifies as a healthcare provider for purposes of medical malpractice liability.
NRS 41.141 – Allows recovery of damages as long as the injured party is not more at fault than others, with damages reduced by their percentage of fault.
NRS 41.085 – Allows heirs and representatives to bring a wrongful death claim and recover damages when negligence causes death.
NRS 11.190 – This statute sets time limits for certain legal claims.
NRS 629.031 – Caps noneconomic damages in medical malpractice cases, with scheduled increases over time.
NRS 41A.035 – There is a limit on certain types of damages in these cases. The cap applies to pain and suffering and increases over time.
Nevada Birth Injury Statistics
Here are some Nevada stats related to complications associated with birth injuries:
- According to the March of Dimes, as of 2024, 11% of babies in Nevada are born preterm.
- According to America’s Health Rankings, 9.7% of babies born in Nevada have a low birth weight. The same data source indicates that there are 5.2 deaths per 1,000 live births in Nevada.
Nevada State & Local Resources for Birth Injury Support
Nevada Maternal and Infant Health Program (DPBH) – Pregnancy and early infant support
Families can use this program during pregnancy and after birth. It provides education, medical support, and access to services focused on early infant care.
Nevada Medicaid (DWSS – Medical Coverage) – Coverage for pregnancy and newborn care
Medical care during pregnancy and after delivery can be covered through Nevada Medicaid. Newborns are often covered for their first year. This can be important when ongoing care is needed.
Nevada 211 – Statewide help for medical and family support services
Nevada 211 connects families to care, financial help, counseling, and local programs. It also helps people find low-cost prenatal and postnatal care.
Southern Nevada Health District, Maternal & Child Health – Home visiting and post-birth support
This program offers free home visits from nurses and health workers. They provide guidance and support after the baby arrives.
Nevada WIC Program (Women, Infants, and Children) – Nutrition and early child support
WIC helps families with food and breastfeeding support. It also provides referrals to health services. It serves mothers and children up to age five.
Nevada Health Link – Insurance access for pregnancy and newborn care
Families can enroll in plans that include coverage for pregnancy, childbirth, and newborn care. Existing pregnancies are included.
Maternal Mental Health Hotline – 24/7 Emotional support for new mothers
The hotline is open at all times. It provides free and confidential support for mothers dealing with stress or emotional strain after birth.
Where is Winder Law Firm’s Office?
Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117
Have you or a loved one been affected by a Birth Injury in Nevada?
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The content on this page has been reviewed for legal accuracy by Attorney Aaron A. Winder. This content is for informational purposes only and not legal advice. It is not a substitute for professional legal counsel. Winder Law Firm does not guarantee this website content’s accuracy, completeness, or relevance. This website may contain inaccuracies, typographical errors, or outdated information and does not necessarily reflect the firm’s or its employees’ opinions. Consult an attorney for legal guidance.
Legally Reviewed
The content on this page has been reviewed for legal accuracy by Attorney Aaron A. Winder. This content is for informational purposes only and not legal advice. It is not a substitute for professional legal counsel. Winder Law Firm does not guarantee this website content’s accuracy, completeness, or relevance. This website may contain inaccuracies, typographical errors, or outdated information and does not necessarily reflect the firm’s or its employees’ opinions. Consult an attorney for legal guidance.
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Attorney Aaron A. Winder, owner of Winder Law Firm, received this award in Advanced Criminal Procedure while studying at Gonzaga University School of Law.
More information about the CALI Excellence for the Future Award® can be found at CALI’s website.
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