Las Vegas Birth Injury Attorney
45 Years of Results for Nevada Families When It Matters Most
Learning that your baby has been injured at birth is devastating. You may be wondering what went wrong, whether it could have been prevented, and how you will provide the care your child may need for years to come. In this difficult moment, sorting out complex legal and medical questions alone shouldn’t fall on your family.
Burris & Thomas, LLC helps families across Nevada evaluate potential birth injury claims and pursue accountability when medical negligence may have played a role. With more than 45 years of combined personal injury experience and numerous million-dollar verdicts and settlements, the firm is equipped to handle serious and complex cases.
Contact us today at (702) 529-3101 to schedule a free consultation.
What Is a Birth Injury?
A birth injury is physical harm that occurs to a baby before, during, or shortly after delivery. While some injuries are unavoidable, others result from medical negligence or improper care by healthcare professionals.
Birth injuries range from mild and temporary to severe and permanent. In the most serious cases, they can lead to lifelong disabilities requiring ongoing medical treatment, therapy, and specialized care.
Birth injuries are distinct from birth defects. Birth defects are typically caused by genetic or environmental factors, while birth injuries are often preventable and occur due to complications during labor or delivery.
Common Types of Birth Injuries
Birth injuries can take many forms depending on the circumstances of the delivery. Some of the most common types include:
- Cerebral palsy: A neurological disorder affecting movement, muscle tone, and coordination, often caused by oxygen deprivation during birth
- Brachial plexus injuries: Nerve damage affecting the shoulder, arm, or hand, including conditions like Erb’s palsy
- Fractures: Broken bones, particularly the collarbone, during difficult deliveries
- Hypoxic-ischemic encephalopathy (HIE): Brain damage caused by a lack of oxygen or blood flow
- Facial paralysis: Nerve damage resulting from pressure or improper use of delivery tools
- Intracranial hemorrhage: Bleeding in the brain due to trauma during delivery
Common Causes of Birth Injuries
Birth injuries are often preventable and occur when healthcare providers fail to follow accepted medical standards. Common causes include:
- Failure to monitor fetal distress: Not recognizing signs that a baby is in distress can lead to delayed intervention
- Improper use of delivery tools: Misuse of forceps or vacuum extractors can result in serious injury
- Delayed C-section: Waiting too long to perform a cesarean section increases the risk of oxygen deprivation
- Medication errors: Incorrect dosages or improper administration of drugs during labor
- Failure to manage complications: Conditions like preeclampsia, gestational diabetes, or infections that aren’t properly addressed
- Excessive force during delivery: Improper handling of the baby can cause nerve or physical damage
When medical professionals fail to act appropriately, the consequences can be life-altering for both the child and the family.
Who Is Liable for a Birth Injury?
Liability in a birth injury case can involve multiple parties depending on the circumstances. Potentially responsible parties may include:
- Obstetricians and physicians: For errors in judgment, diagnosis, or treatment
- Nurses and medical staff: For failing to monitor or communicate critical information
- Hospitals or medical facilities: For inadequate staffing, poor training, or unsafe policies
- Anesthesiologists: For mistakes related to pain management or anesthesia
To establish liability, an attorney must demonstrate that the healthcare provider breached the standard of care and that this breach directly caused the injury. The standard of care refers to the level and type of care a reasonably competent medical professional in the same field would have provided under similar circumstances.
Burris & Thomas, LLC works with medical experts to build strong cases and pursue accountability from negligent parties.
How a Birth Injury Affects Your Family
The effects of a birth injury extend far beyond the delivery room. Families often face:
- Ongoing medical expenses
- Physical therapy and rehabilitation costs
- Specialized education needs
- Emotional distress and trauma
- Lost income due to caregiving responsibilities
In severe cases, children may require lifelong care. A successful legal claim can help ease these burdens and provide resources that may support a child’s needs.
Compensation Available in Birth Injury Cases
If a child’s injury was caused by medical negligence, the family may be entitled to compensation for:
- Medical bills (past and future)
- Rehabilitation and therapy costs
- Assistive devices and home modifications
- Pain and suffering
- Loss of quality of life
- Lost earning potential
Nevada law distinguishes between economic damages (such as medical expenses and lost earning potential) and noneconomic damages (such as pain and suffering). Under NRS 41A.035, Nevada caps noneconomic damages in medical malpractice cases. The current statutory framework starts at $350,000 and, beginning January 1, 2024, increases by $80,000 each year through 2028, reaching $750,000, after which it increases 2.1 percent annually. Economic damages aren’t capped, which means the full projected cost of lifelong medical care, therapy, and support may be pursued. Burris & Thomas, LLC pursues compensation across both categories to support the child’s long-term needs.
Birth Injury FAQs
How Do I Know If My Child’s Birth Injury Was Caused by Negligence?
Determining negligence requires a thorough review of medical records and expert analysis. If you suspect something went wrong during delivery, consult a birth injury lawyer as soon as possible. An attorney can assess whether the care provided fell below the standard expected of a reasonably competent medical professional.
How Long Do I Have to File a Birth Injury Claim in Nevada?
Under NRS 41A.097, for injuries occurring on or after October 1, 2023, a Nevada medical malpractice claim must generally be filed within 3 years of the date of injury or within 2 years after the plaintiff discovers or reasonably should have discovered the injury, whichever comes first. For brain damage or birth injury cases where a parent doesn’t file within the standard period, Nevada law may allow the child’s claim to extend until the child reaches age 10. Deadlines vary depending on the specific facts of a case, so it’s important to consult a birth injury attorney promptly to help preserve the right to seek recovery.
What Evidence Is Needed for a Birth Injury Case?
Key evidence typically includes medical records, fetal monitoring data, witness statements, and expert testimony. An experienced attorney can gather and analyze all necessary documentation to evaluate where the standard of care may have been breached.
Can I Afford a Birth Injury Lawyer?
Burris & Thomas, LLC works on a contingency fee basis. There’s no upfront cost, and fees are collected only if the case is successful.
What If My Child Will Need Lifelong Care?
A legal claim can include compensation for future medical expenses and long-term care needs. Because Nevada doesn’t cap economic damages in medical malpractice cases, the projected costs of ongoing therapy, specialized care, and other future expenses may be pursued through litigation.
Why Families Choose Burris & Thomas
Birth injury cases involve dense medical records, highly technical issues, and contested opinions about what should have happened during pregnancy, labor, and delivery. Families benefit from a firm that understands both Nevada medical malpractice law and the realities of raising a child with long-term needs.
Experience & Track Record
Burris & Thomas, LLC has represented injury victims across Nevada for decades, including many medical malpractice matters. The firm’s history of million-dollar verdicts and settlements reflects its ability to pursue significant compensation when the facts and law support such outcomes. In birth injury cases, where a child’s future care may depend on the result, that track record matters.
Credentials of Founder Steven M. Burris
Founder Steven M. Burris brings a strong academic and professional background to every case. He earned his A.B. with distinction from Stanford University and graduated with honors from the University of Southern California Law School. Licensed in Nevada and California, as well as in the U.S. District Court for Nevada and the Ninth Circuit Court of Appeals, he holds an AV Preeminent rating from Martindale-Hubbell, has been recognized by Super Lawyers, and was named a Las Vegas Life Top 5 Lawyer. His membership in the American Board of Trial Advocates reflects a level of trial experience that matters when a case goes before a Clark County jury.
To discuss your concerns with a birth injury lawyer that Las Vegas families can turn to for guidance, call (702) 529-3101 today.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
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How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
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Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
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What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
