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.
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.
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 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:
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:
Some birth injuries don’t fit neatly into neurological or physical categories but can still cause serious health issues for newborns. These include:
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.
When healthcare providers fail to act according to accepted medical standards during labor and delivery, preventable injuries can occur. Common mistakes include:
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:
Certain circumstances increase the likelihood of birth injuries, and medical teams must respond appropriately. Risk factors include:
A birth injury is a life-changing event that affects the entire family, both emotionally and financially.
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).
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:
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.
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.
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.
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.
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.
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).
Pursuing a birth injury claim in Las Vegas involves a complex legal process. Here is an overview of what to expect.
The first step is contacting an experienced Las Vegas birth injury lawyer. During the initial consultation, the lawyer will:
At the Cottle Firm, this initial consultation is free and will help you understand the viability of your case before committing to legal action.
Building a strong case requires detailed documentation and expert insight. Your lawyer will:
Expert testimony is also often used to prove that the injury was preventable and directly caused by medical negligence.
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.
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.
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:
Non-Economic Damages compensate for intangible losses, such as:
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.
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.
