Birth Fracture Lawyer in Las Vegas
Medical Malpractice Representation for Newborn Bone Injuries
A broken bone discovered in a newborn raises an immediate question: was this an unavoidable complication, or did something go wrong during delivery? Fractures of the clavicle (collarbone) and humerus (upper arm bone) are among the most frequently reported birth injuries. Some occur despite proper technique. Others point directly to a delivery team’s failure to recognize warning signs or respond correctly under pressure.
Burris & Thomas, LLC is a Las Vegas personal injury law firm representing injured clients across Nevada with over 45 years of combined experience, including medical malpractice and birth injury claims against hospitals and physicians. The firm reviews delivery records carefully to distinguish a preventable injury from one that wasn’t.
If your newborn sustained a fracture during delivery, contact Burris & Thomas, LLC at (702) 529-3101 for a free case evaluation. There are no upfront costs.
How Delivery Decisions Can Cause a Birth Fracture
Not every birth fracture is evidence of malpractice, but several delivery-related decisions and techniques are closely linked to preventable bone injuries. Understanding these mechanisms is central to evaluating whether the standard of care was met.
Shoulder Dystocia
Shoulder dystocia occurs when an infant’s shoulders become lodged behind the mother’s pelvic bone after the head has delivered. Research has found clavicle fractures occur in roughly 1.1% of all births, with that rate approximately doubling in instrumental vaginal deliveries and increasing more than 35-fold when shoulder dystocia complicates the birth. A delivery team that fails to anticipate or properly manage this complication can cause a fracture through improper response.
Excessive Traction
Pulling on the baby’s head, neck, or shoulders with excessive force during a difficult vaginal delivery is a recognized cause of bone fractures and nerve injuries. Overly forceful traction can fracture the clavicle or humerus, and in more severe cases can stretch or tear the brachial plexus, the nerve network running from the neck through the shoulder and arm, producing both a fracture and lasting nerve damage.
Improper Instrument Use
Forceps and vacuum extractors assist difficult deliveries, but improper or overly forceful application of either instrument is a documented cause of newborn fractures. The humerus is the second most common bone fractured at birth after the clavicle, and instrument misuse often contributes when the shoulders become stuck after the head delivers.
Delayed or Foregone C-Section
When a baby is large (a condition called macrosomia) or in a breech position, a timely decision to perform a cesarean section can prevent the complications that lead to fractures. Failing to identify these risk factors in advance, or delaying a needed C-section once they become apparent, increases the likelihood of a traumatic delivery and the injuries that follow.
Why Families Bring Birth Fracture Claims to Burris & Thomas, LLC
Evaluating a birth injury claim requires both legal skill and an understanding of obstetric standards. Steven M. Burris, founder of Burris & Thomas, LLC, was appointed head of the Southern Nevada Panel of the State of Nevada Medical Legal Screening Panel, a role that reflects precisely the kind of medical-legal analysis these cases demand. He is recognized as a Las Vegas Life Top 5 Lawyer and holds distinctions from Super Lawyers, AV Preeminent from Martindale-Hubbell, and the American Board of Trial Advocates.
The firm has achieved numerous million-dollar verdicts and settlements across Nevada, combining assertive courtroom representation with careful, evidence-driven case preparation. Families pay nothing upfront. Burris & Thomas, LLC works on a contingency fee basis, meaning fees are only collected if compensation is recovered.
Talk to a Las Vegas Birth Fracture Attorney
The circumstances of your delivery, the decisions made by the medical team, and the timing of your claim all shape what options are available. Burris & Thomas, LLC reviews birth fracture cases at no cost and can help families understand whether malpractice may have played a role.
Call Burris & Thomas, LLC at (702) 529-3101 to schedule a free consultation. There are no fees unless compensation is recovered.
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.
