If your family and your child experienced a preventable birth injury, you need the best possible team of lawyers fighting on your behalf. While the best attorney should have extensive knowledge and expertise in this area, there are additional qualities that are present in attorneys that stand out above the rest.
One of the unique things about birth injury cases is that it’s tough to determine if there even is a case. That’s because the answers are contained deep within the medical records and hospitals are seldom forthcoming with true answers – even when they know the true answers. So you need an attorney/team who can both determine if there is a case and then have the track record and experience to successfully move the case forward if there is a case.
Compassion is also important. Compassion helps in building trust and open communication. The best attorneys are great communicators. They can communicate with clients and their families, parties to the cases they work on, and with the court. They are adept at being succinct in writing, on the phone, and in large discussions. The best lawyers have creativity and strong writing abilities, a willingness to listen, good judgment, perseverance, and an understanding of the medical malpractice laws and disability rights in the state.
A great indicator of the best birth injury lawyers in Nevada comes from the results. Medical malpractice and birth injuries are niche areas and highly specialized. This type of tort law gives victims or their families the right to seek compensation for injuries. Birth injury lawsuits are not only complex but can be difficult to prove. Starting the search for birth injury lawyers in Nevada that have a proven track record of success in settlements is the best solution.
Some of the Best
When looking for the best birth injury lawyers in Nevada, it only makes sense to look at the history of settlements and results in this specialized area. Settlements and jury awards garnered by the Nevada attorneys working on these birth injury lawsuits showcase their commitment to seeking positive outcomes and compensation for their clients.
The team at Bertoldo, Baker, Carter, Smith & Cullen advertises a $5 million verdict in a birth injury lawsuit for pediatric brain damage from medical malpractice. John Bertoldo won the Lifetime Achievement Award in “America’s Top 100 Attorneys,” and Steven Baker is on the “Best of the Best Top Lawyers” list, and the “Top 100 National Trial Lawyers” list. All the attorneys in the firm have the AV Preeminent Rating from Martindale-Hubbell.
Jacquelyn D. Carmichael and David A. Cutt of Eisenberg, Gilchrist & Cutt boasts a $14.5M verdict in a Nevada medical malpractice action for infant brain injury due to untreated anemia of the mother. This is one of the highest birth injury settlements in the state of Nevada. Jacqueline Cutt has been on the “Best Lawyers” list since 2015 and is “Lawyer of the Year” in 2022. She was also on the “Super Lawyers” list in 2021. David A. Cutt is a founding member of the firm where he focuses on medical malpractice. He has been on the “Super Lawyers” list from 2009-2021, and on the “Best Lawyer” list since 2015.
The Claggett & Sykes Law Firm received a $3M verdict in a birth injury medical malpractice case. Led by Sean Claggett as the firm’s lead trial lawyer, he was recognized as “Trial Attorney of the Year” in Nevada in 2017 and has been on the “Mountain States Super Lawyer” list since 2014. Partner William Sykes is on the National Trial Lawyers “Top 40 Under 40 Civil Plaintiff Lawyers” list, won the 2021 NJA Badger Award, and has been on the “Mountain States Super Lawyers” list since 2019.
The attorneys at The Gage Law Firm have a strong track record of winning cases. A $5M settlement in a birth injury case due to injuries occurring because of delaying the C-section of the mother is the kind of money needed to care for a seriously injured child. Ivy Gage is the managing partner.
Examples of Nevada Birth Injury Lawsuits
Of every 1,000 infants born in the U.S., 6 to 8 are born with a birth injury. In birth injury lawsuits, there are allegations that the health care providers were negligent in providing safe care. In childbirth, this negligence can vary. In 2021, there was a $1,525,000 settlement due to a newborn suffering hypoxic-ischemic encephalopathy. The lawsuit filed by the mother claims the staff failed to administer Pitocin properly which caused fetal distress and an emergency C-section.
Another case occurred in 2017, resulting in a $12,500,000 jury verdict where the newborn suffered anoxic brain damage and fetal hypoxemia which later developed into cerebral palsy. The claim was that the staff prolonged the mother’s labor, failed to address a uterine rupture, delayed an emergency C-section, failed to timely intubate the baby, and failed to provide brain cooling treatments.
Additional examples of negligence that commonly occur during childbirth that can lead to a Nevada birth injury lawsuit include:
- Improper use of extraction devices, such as vacuums or forceps
- Neglecting to monitor the mother during childbirth
- Ignoring the signs of fetal distress
- Using excessive force during the delivery
- Failing to properly administer an epidural
- Mistakes during a C-section surgery
- Improper use of Pitocin
- Failing to identify and treat a maternal health injury
- Prescribing medicine that has harmful side effects during pregnancy
These omissions or negligent acts by health care providers during childbirth may result in a host of injuries. The most common are:
- Cerebral Palsy
This is due to damage occurring in the brain during birth. Babies with this condition have a lack of motor development skills, muscle spasms, and weak muscles. They may also experience learning disabilities, hearing and vision impairments, and problems with speech. - Oxygen Deprivation
A lack of oxygen during birth may result in physical problems, intellectual disabilities, and brain injuries causing seizures or cerebral palsy. - Brachial Plexus
This is damage to the nerves that can be temporary or permanent. These nerves travel from the upper spine to the neck, shoulder, arm, and hand. When the roots of the nerve are completely dislodged from the spine, the baby is completely paralyzed. - Cephalohematoma
This often occurs from using forceps. The baby may have a raised bump several hours after delivery, but it is a result of bleeding under the cranial bone. Babies with this condition may have anemia, jaundice, hypotension, or meningitis. - Perinatal Asphyxia
Where there is an oxygen deficiency, the baby may have a pale complexion, seizures, shock, or labored breathing. - Hemorrhages
When there is bleeding in the baby’s skull, there may be a subarachnoid hemorrhage or intracranial hemorrhage. There may also be a subconjunctival hemorrhage when a blood vessel in the eye bursts because of pressure variations during the birthing process.
Maternal health injuries can also occur because of birth injury malpractice. Some conditions include:
- Blood clots
- Infections
- Pre-eclampsia
- Uterine ruptures
- Severe vaginal tears
- Diabetes
Lawyers for Nevada Cerebral Palsy Cases
Cerebral Palsy is a result of brain damage that can result from abnormalities in the child’s brain or injury to a baby’s brain either before or after delivery. If your child’s condition is a direct result of medical malpractice, these attorneys should be able to assist.
The lawyer will determine if you have a strong case. It could be difficult to prove that there was an error in delivery. They must show the damages resulting from the injury, such as pain and suffering, loss of income, medical bills, how the medical team or doctor was negligent, how that negligence harmed the child, and that the mother was a patient of the treating physician and under their care. To locate the best birth injury lawyers in Nevada for cerebral palsy cases, these lawyers have a reputation for excellence, compassion, and perseverance.
Eisenberg, Gilchrist & Cutt
When it comes to fighting for their clients in Nevada, Eisenberg, Gilchrist, & Cutt are top-notch in their field. Known for getting large settlements for their clients in birth injury cases, they have one of the largest settlements in the state for birth injury medical malpractice that can lead to cerebral palsy.
Claggett & Sykes Law Firm
In addition to the legal team above, Claggett & Sykes have their own legal prowess that gets results. They are also known as one of the go-to legal firms in Nevada for cerebral palsy cases.
Potential Birth Injury Defendants in Nevada
In most cases, birth injury lawsuits have multiple defendants named as parties. This makes these types of cases very complex. Initially, it may not be clear which party or parties contributed to causing the injury. In other cases, the negligent party or parties may be identified from the beginning. A Nevada birth injury lawsuit can be filed against multiple health care providers involved in the childbirth process, including the physician, anesthesiologist, birthing advocate, nurse, and surgeon. In most cases, every provider involved during the process is named. It is also common to add the facility where the birth took place as a defendant. This may and has included some of the biggest hospitals in Nevada, such as:
- MountainView Hospital
- Sunrise Hospital and Medical Center
- Renown Regional Medical Center
- Renown South Meadows Medical Center
- UMC of Southern Nevada
- Spring Valley Hospital Medical Center
- Southern Hills Hospital & Medical Center
- Summerlin Hospital Medical Center
- Northern Nevada Medical Center
- St. Rose Dominican Hospital
About Nevada Birth Injury Cases and Birth Injury Law
According to Nevada’s CDC, the infant mortality rate is 4.3 deaths per 1,000 live births. The top five causes of infant mortality include unintentional injuries, sudden infant death syndrome (SIDS), complications during pregnancy, birth defects, and low birth weight resulting in preterm delivery. There is no current correlation between birth injuries and infant mortality, but there is some evidence that higher mortality rates can be connected to a higher number of birth injuries.
In Nevada, the statute of limitations for minor plaintiffs in medical malpractice lawsuits is 3 years from the date the doctor caused the disability or 10 years for brain damage and “birth defects.” The Nevada Rev. Stat. Ann. 41A.097(4) states: For the purposes of this section, the parent, guardian, or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1 or 2. If the parent, guardian, or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against the provider of health care upon the removal of the child’s disability, except that in the case of (a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.
Parental claims have a one-year statute of limitations. The statute of limitations is important to note as there was a previous case in Nevada where the court reversed a lawsuit due to their error in finding the time limit had expired. See Nevada’s SOL for medical malpractice. If you feel you have been a victim of a birth injury, CONSULT WITH A NEVADA BIRTH INJURY ATTORNEY IMMEDIATELY TO ENSURE YOU HAVE THE RIGHT INFORMATION REGARDING THE STATUTE OF LIMITATIONS.
It’s vitally important to protect your rights. Every case is different because injuries vary from patient to patient. Determining the cause and finding the liable parties can be a complex and tedious process. Talk to various Nevada birth injury lawyers to see which one is good for you and your family. While having a strong pattern of success is good, there is no guarantee they can get those same results for you.
Nothing on this page is meant to be legal advice and the Injury Lawyer Database is not responsible for errors, omissions, or changes in the law. SPEAK TO A QUALIFIED LAWYER TODAY! Your right to pursue any action on behalf of yourself, family members, or your child must be pursued as soon as possible before time runs out.