The birth of a child is one of life’s most joyous moments. But sadly, for some families, it becomes a difficult time due to preventable birth injuries. Birth injuries can leave newborns with serious, sometimes lifelong complications that affect both the child and their entire family.
Some birth complications are unavoidable, but many result from preventable medical errors. When doctors, nurses, or other medical professionals fail to provide proper care during pregnancy, labor, or delivery, there can be devastating consequences. These injuries often require years of treatment, specialized care, and hefty financial costs.
If your child has suffered a birth injury in Las Vegas, you have the right to seek justice and hold any negligent parties accountable. At the Cottle Firm, our Las Vegas birth injury lawyers can guide you through the complex medical and legal issues surrounding your case and help you fight for the compensation your family needs and deserves. Call us today at 702-722-6111 to discuss your family’s case in a free consultation.
What Is a Birth Injury?
A birth injury is physical harm or damage a newborn suffers before, during, or immediately after delivery. These injuries can range from minor and temporary (such as small bruises) to severe and life-altering conditions like brain damage or paralysis.
Birth injuries are distinct from birth defects. While defects typically stem from genetic or developmental issues, injuries often result from complications during labor and delivery. In many cases, these injuries are preventable and only occur due to negligence.
Birth injuries can happen when something goes wrong in the delicate process of childbirth. In some situations, they occur naturally due to the baby’s size, position, or complications during labor. However, a significant number of birth injuries only occur because medical professionals failed to meet the standard of care.
It’s important to understand the difference between unavoidable complications and negligence-based injuries. If your child’s injury was caused by medical errors, you may have the right to pursue financial compensation. An experienced Las Vegas birth injury lawyer can evaluate your case and help you determine if you have grounds for an injury claim.
Common Types of Birth Injuries
Birth injuries vary widely in severity. Some may heal with a short period of treatment, while others can cause permanent disabilities that require lifelong care. Here are some of the most common types of birth injuries that families face.
Neurological Injuries
Neurological injuries occur when the baby’s brain or nervous system is damaged during labor or delivery. These injuries often have long-term or permanent consequences. The child’s movement, learning abilities, and quality of life may all be affected.
Some common examples of neurological birth injuries include:
- Cerebral Palsy (CP): Often caused by oxygen deprivation or brain trauma during delivery, cerebral palsy affects muscle control, coordination, and posture. Children with cerebral palsy may require lifelong therapy and specialized care.
- Hypoxic-Ischemic Encephalopathy (HIE): This serious brain injury results from insufficient oxygen and blood flow to the brain. HIE can lead to developmental delays, seizures, and other severe complications.
- Intracranial Hemorrhages: Bleeding in or around the brain, often due to trauma during delivery. This can cause lasting neurological problems if not treated quickly.
Physical Injuries
Physical injuries often occur when too much force or pressure is applied during childbirth. While some may heal over time, others can cause permanent complications.
Some common examples of physical birth injuries include:
- Brachial Plexus Injuries and Erb’s Palsy: These conditions are caused by damage to the network of nerves controlling the shoulder, arm, and hand during difficult deliveries or improper use of forceps or vacuum extractors.
- Fractures: Bones may be fractured during challenging deliveries, especially when doctors apply excessive force.
- Facial Nerve Damage: Pressure from forceps or other instruments can injure facial nerves, which may result in temporary or permanent paralysis.
Other Complications
Some birth injuries don’t fit neatly into neurological or physical categories but can still cause serious health issues for newborns. These include:
- Shoulder Dystocia: Occurs when a baby’s shoulder gets stuck behind the mother’s pelvic bone. This can cause nerve injuries or fractures if mishandled.
- Kernicterus: A rare but severe condition caused by untreated jaundice, which can lead to brain damage.
- Skull Fractures: May occur during forceful or instrument-assisted deliveries, potentially resulting in intracranial bleeding.
Causes and Risk Factors
Many birth injuries result from medical errors during pregnancy, labor, and delivery. Here are some of the most common causes of birth injuries our Las Vegas birth injury lawyers see in our cases.
Medical Errors During Labor and Delivery
When healthcare providers fail to act according to accepted medical standards during labor and delivery, preventable injuries can occur. Common mistakes include:
- Failure to Monitor Fetal Distress: Ignoring warning signs of fetal distress, like abnormal heart rate patterns or oxygen levels, can lead to brain damage or other severe complications.
- Delayed C-Section: When labor stalls or the baby shows signs of distress, a C-section is often necessary. Delaying this decision can lead to preventable injuries.
- Improper Use of Delivery Tools: Misusing forceps or vacuum extractors can cause issues like nerve injuries, skull fractures, and brain trauma.
Mismanagement During Pregnancy
Some birth injuries stem from errors during prenatal care. Doctors are responsible for monitoring both the mother’s and the baby’s health throughout pregnancy. Negligent acts that can cause birth injuries during this period include:
- Failure to Diagnose Maternal Conditions: If left untreated, conditions like gestational diabetes, preeclampsia, or infections can increase the risk of birth injuries.
- Incorrect Medication or Dosage: Doctors sometimes mistakenly prescribe the mother drugs that harm fetal development, which can result in long-term complications.
- Ignoring High-Risk Factors: Mothers carrying multiples or with prior complications require additional care. Failure to recognize these risks can lead to preventable injuries.
Environmental and Situational Factors
Certain circumstances increase the likelihood of birth injuries, and medical teams must respond appropriately. Risk factors include:
- Prolonged or Difficult Labor: Extended labor increases the risk of oxygen deprivation and trauma.
- Large Baby or Breech Position: Delivery may be more difficult for babies weighing more than average or positioned feet-first.
- Inadequate Staffing or Training: Overworked or inexperienced medical staff may fail to follow proper protocols during emergencies.
How Birth Injuries Affect Families
A birth injury is a life-changing event that affects the entire family, both emotionally and financially.
Emotional and Psychological Toll
The emotional weight of a birth injury can be crushing for parents. Many struggle to understand what happened and why. Feelings of shock and grief are common. When the injury is linked to preventable medical errors, those feelings can deepen into anger, frustration, and a sense of betrayal by the healthcare system they trusted.
Mothers often carry an additional layer of emotional distress. Even when the injury was clearly caused by negligence, they may internalize feelings of guilt or failure and question what they could have done differently. Over time, chronic stress from caregiving responsibilities and uncertainty about the child’s future can lead to anxiety, depression, and even post-traumatic stress disorder (PTSD).
Financial Burden
Few families are prepared to handle the long-term financial implications of a birth injury. Initial costs often include extended neonatal intensive care (NICU) stays, surgeries, and specialist consultations. But the economic challenges rarely end there. Many children require ongoing medical interventions and support services, such as:
- Physical and Occupational Therapy: Sessions to improve muscle tone, coordination, and functional independence can last for years or even a lifetime.
- Speech and Behavioral Therapy: Necessary for children with neurological injuries, such as cerebral palsy or hypoxic-ischemic encephalopathy (HIE).
- Assistive Equipment: Wheelchairs, communication devices, braces, and home modifications for accessibility.
- Special Education Services: Customized educational programs, tutoring, and sometimes private schooling to accommodate developmental delays.
These costs add up quickly. According to a 2004 study by the Centers for Disease Control and Prevention (CDC), the average lifetime costs of a birth injury exceeded $1 million. This figure would be over $1.7 million when adjusted for inflation.
Impact on Family Dynamics
The ripple effect of a birth injury touches everyone in the household. Siblings may feel neglected as parents devote time and resources to the injured child. Marriages can become strained under emotional and financial pressure. Families may have less time and money for social activities, which can leave them feeling isolated from friends.
Your Legal Rights After a Birth Injury in Nevada
If your child has suffered a birth injury in Las Vegas, it’s important to understand your legal rights and the protections Nevada law provides. Birth injuries caused by medical negligence may qualify as medical malpractice, and families may seek financial compensation in these cases.
Nevada Medical Malpractice Laws
In Nevada, medical professionals have a legal duty to provide care that meets established standards. If a doctor, nurse, or hospital fails to uphold this duty and that failure directly causes injury to a child, it may constitute negligence. Families have the right to hold the negligent parties accountable through a Nevada medical malpractice claim.
Statute of Limitations
Nevada generally requires medical malpractice claims to be filed within three years of the injury or one year from the date the injury was discovered, whichever occurs first. However, special rules apply for minors. Parents or legal guardians may have up to seven years after a child’s birth to file a claim, depending on the circumstances. However, it’s best to take legal action as soon as possible.
The Right to Compensation
Families may be entitled to recover damages that cover both the immediate and long-term effects of the injury. This includes both the direct financial costs of the injury (economic damages), as well as personal difficulties related to the injury (non-economic damages).
Filing a Birth Injury Claim
Pursuing a birth injury claim in Las Vegas involves a complex legal process. Here is an overview of what to expect.
Initial Consultation and Case Evaluation
The first step is contacting an experienced Las Vegas birth injury lawyer. During the initial consultation, the lawyer will:
- Review your child’s medical records and birth history
- Discuss the circumstances surrounding the injury
- Determine whether negligence may have been a factor
- Explain the potential options for compensation and next steps
At the Cottle Firm, this initial consultation is free and will help you understand the viability of your case before committing to legal action.
Gathering Evidence
Building a strong case requires detailed documentation and expert insight. Your lawyer will:
- Collect all relevant medical records, including prenatal care, labor and delivery notes, and postnatal care records
- Consult with medical experts to evaluate whether standard care protocols were breached
- Document the long-term impact of the injury on the child’s health, development, and daily life
Expert testimony is also often used to prove that the injury was preventable and directly caused by medical negligence.
Negotiations vs. Going to Trial
Many birth injury cases are resolved through negotiations for a settlement. Your lawyer will engage with insurance companies or hospital representatives to seek fair compensation without the need for a lengthy court process.
If a fair settlement cannot be reached, the case may proceed to trial. Your lawyer will prepare to present your case in court, including expert testimony, medical records, and documentation of expenses and emotional impact.
Timeline of a Birth Injury Case
The timeline of a birth injury claim varies depending on the complexity of the case, the number of parties involved, and whether the case goes to trial. While some cases settle within months, others may take several years to be resolved.
Compensation You May Be Entitled To
Families of children who suffer birth injuries may be entitled to compensation for both economic and non-economic damages.
Economic Damages cover tangible costs, such as:
- Medical expenses for surgeries, therapies, and medications
- Special education programs and adaptive equipment
- Home modifications or in-home care for long-term support
Non-Economic Damages compensate for intangible losses, such as:
- Pain and suffering endured by the child
- Emotional distress
- Loss of enjoyment of life or normal childhood experiences
Nevada law (NRS 41.A.035) caps non-economic damages at $510,000, as of 2025. You can learn more about which damages your family may qualify for by discussing your case with an experienced Las Vegas birth injury lawyer.
Discuss Your Case With Our Las Vegas Birth Injury Lawyers
A birth injury can dramatically change a family’s life, but you don’t have to face the challenges alone. At the Cottle Firm, our dedicated Las Vegas birth injury lawyers are prepared to help your family fight for the compensation your child needs for a brighter future. Contact us today at 702-722-6111 to learn more about your family’s legal options in a free consultation.