Las Vegas Birth Injury Lawyer

Las Vegas Birth Injury Attorney

The birth of a child should be a cause for celebration for any family, but the unfortunate reality is that birth injuries occur relatively frequently throughout the United States for a number of reasons. When medical negligence causes a birth injury, the family can be left devastated by the resulting damages and have many pressing legal questions concerning liability for the incident and how they can recover their damages.

Compassionate Legal Counsel for Las Vegas, NV, Birth Injury Claims

When a medical professional fails to meet the standard of care their patient requires in any manner resulting in harm, this can form the basis of a medical malpractice case. Medical malpractice technically falls within the purview of personal injury law, but there are special rules enforced for medical malpractice claims that a plaintiff must understand at the outset of their proceedings. If your family is struggling in the aftermath of a birth injury caused by malpractice, the team at Easton & Easton can provide the supportive legal counsel you need in this difficult time.

Our firm has years of professional experience handling a wide range of personal injury claims in Las Vegas, including those arising from medical malpractice. It’s natural to contend with strong emotions in the aftermath of a birth injury, especially when you know the injury occurred because of a medical professional’s negligence. Easton & Easton offers comprehensive and responsive legal counsel for families affected by birth injuries, and we will help make sense of your options for legal recourse in this difficult time.

Las Vegas Birth Injury Lawyer

Understanding Medical Malpractice Cases

Filing a medical malpractice case is very similar to filing any other personal injury claim, but there are a few special considerations you must make if you want to have the greatest chance of success with your legal efforts. First, you must meet the statute of limitations or time limit for filing your case.

Under state law, the statute of limitations for medical malpractice cases is three years from the date the injury occurs or one year from the date that harm is discovered. Therefore, it is possible that a birth injury may not manifest any noticeable symptoms for months or even years after the birth, and the family has one year from the date they discover harm to file their claim in this situation. However, if the defendant engaged in any type of fraud to conceal their actions, the statute of limitations may be tolled to account for this, and the defendant will also face increased penalties for this behavior.

In addition to meeting the statute of limitations, the plaintiff of a medical malpractice case must also secure an affidavit of merit to support their claim. This is a sworn statement from a medical professional that clearly outlines the defendant’s misconduct. The affidavit must explain how the defendant failed to meet the plaintiff’s standard of care, the scope of the effects of this misconduct, and the proper course of treatment the defendant should have followed. The affidavit must come from a medical professional who holds the same or greater qualifications and medical board certifications as the defendant. For example, if the defendant is a board-certified OBGYN, the affidavit of merit must come from another board-certified OBGYN.

Easton & Easton will help our client meet the legal prerequisites of their case, obtaining an appropriate affidavit of merit from a qualified medical professional as soon as possible so our client’s case can proceed unimpeded by administrative issues. Once we have helped you gather the evidence needed to support your claim, the next step of your case will be proving the full scope of the damages that the defendant inflicted.

Common Complications With Childbirth Injury Claims

A birth injury can involve a number of possible injuries to a mother or her child during childbirth procedures. A few of the most commonly reported birth injuries in Las Vegas and throughout the United States include:

  • Cerebral palsy. This is a medical condition resulting from a brain injury before or during childbirth. Cerebral palsy affects each victim uniquely and is untreatable. While the victim may undergo various medical procedures and participate in various forms of therapeutic treatment during their lifetime, there is no cure for the brain injury itself. Some children born with cerebral palsy go on to lead relatively normal lives with minimal medical complications, while others are left profoundly disabled.
  • Brachial plexus injuries. The brachial plexus is the nerve system located around the collarbone, neck, and shoulder. A baby’s shoulders are the widest part of the body that must clear the birth canal during childbirth. If the baby becomes stuck, this can potentially result in harm to the brachial plexus. Some of these injuries will heal with time and appropriate care, while others may lead to long-term or permanent disabilities. The affected side of the body may experience developmental delays.
  • Fractures. If a doctor uses too much force to extract a baby from the birth canal, they can potentially cause bone fractures that are very difficult to treat.
  • Injuries from medical devices. Doctors will sometimes require forceps or other medical devices to extract a baby from the birth canal. However, misapplication of technique or excessive force in using these devices can potentially cause damaging injuries to the child.
  • Injuries to the mother. It’s possible for medical negligence during childbirth to result in harm to the mother and the baby. Severe internal bleeding, failure to monitor the mother’s vital signs during childbirth, and other failures to meet the standard of care can be life-threatening.
  • Negligent prenatal care. A medical professional could potentially cause a severe birth injury in a variety of ways prior to the actual birth. For example, if they fail to address the mother’s preexisting medical conditions, monitor vital signs during labor, or if they are negligent in the administration of medications, these issues may all form the basis of medical malpractice claims.

These are just a few examples of how medical negligence during childbirth has the potential to cause extreme injuries to a mother and/or her child. When a birth injury occurs, the family is likely to have many questions regarding accountability for the incident and recovering compensation for the medical expenses and other damages likely to result from the birth injury.

A medical malpractice case is a type of personal injury case, and the plaintiff must be prepared to meet the procedural requirements of their claim to secure compensation for their damages. Your Las Vegas birth injury attorney can help you secure an affidavit of merit from an appropriately credentialed medical professional to support your case. They will also help gather the documentation needed to prove the full extent of the damages resulting from the injury in question.

Claiming Compensation for a Birth Injury in Las Vegas

The purpose of any personal injury claim in Las Vegas is for the plaintiff to recover the financial compensation needed to be as whole as possible again after suffering an injury from the defendant’s negligence or intentional misconduct. In addition, any birth injury has the potential to result in lifelong medical complications for the victim, and these issues will, in turn, generate substantial economic stress on the family.

When you choose Easton & Easton to represent your birth injury case in Las Vegas, our goal is to help you recover as fully as the law allows. Under state law, you have the right to seek compensation for:

  • The expense of any and all corrective medical treatments required for the birth injury. If a defendant has injured you and/or your child, they are responsible for the expense of any medical care required for the victim to reach maximum medical improvement from the injury. This rule applies to both immediate and future health care expenses, so if the victim requires immediate medical intervention followed by ongoing rehabilitative care, the defendant is liable for all these damages.
  • Lost income. A family that has recently experienced a birth injury may need to completely change their usual routine to care for the victim, whether the birth injury resulted in harm to the mother and/or the new baby. Your Las Vegas birth injury attorney can help calculate the lost income resulting from the injury, including lost future income if one of the parents must quit their job to provide ongoing daily care to an injured child.
  • Pain and suffering. You have the right to claim compensation for non-financial damages from the defendant responsible for the birth injury in question. However, the state’s medical malpractice laws limit pain and suffering compensation to $350,000 regardless of the severity of the injury.
  • Punitive damages. A plaintiff may not directly seek this form of compensation, but the judge handling their case has discretionary power to award punitive damages if the defendant’s behavior exceeded the scope of typical negligence if they caused the injury intentionally, or if they took steps to conceal their negligence. Under state law, the plaintiff may receive up to $300,000 in punitive damages if their total financial damages are $100,000 or less. Otherwise, they may receive up to three times the total of their economic damages as punitive damages.

The defendant in your medical malpractice case could not only face liability for your damages, but liability may also fall to their employer as well, depending on the nature of your birth injury. In addition, if the defendant engaged in any type of concealment in an effort to hide their liability for their injury, this could lead to professional consequences or even criminal charges.

Do not make the mistake of assuming that the total damages you could win would be overshadowed by the expense of hiring legal counsel. With the right attorney handling your case, you are more likely to maximize your recovery, and the team at Easton & Easton is committed to helping our clients maximize the compensation they receive for their birth injury claims.

What to Expect From Your Las Vegas Birth Injury Attorney

Having the right Las Vegas birth injury attorney representing your case significantly improves your chances of success with the claim. When you choose Easton & Easton to represent you, you will have immediate access to a responsive legal advocate who is ready to answer your questions and address any concerns that may arise throughout your case proceedings.

Before filing your claim, your attorney will help determine whether you actually have grounds to file a medical malpractice suit. Medicine is an inherently uncertain field and there is a degree of risk involved with every medical procedure, including childbirth. However, there is a clear difference between an honest mistake made in good faith and a failure to meet a patient’s standard of care because of negligence.

Your Las Vegas birth injury attorney will assist you in gathering the evidence needed to prove that the birth injury in question resulted from the defendant’s negligence. Easton & Easton can locate an appropriately qualified medical professional to provide the affidavit of merit you will need to submit with your claim. Once we have helped you handle the procedural requirements of your birth injury claim, we will carefully examine the scope of the damages your family experienced and help maximize the compensation you win from the defendant.

Most of the medical malpractice cases filed are resolved with private settlement negotiations. The settlement process allows both the plaintiff and the defendant to settle their case without a protracted court trial. However, settlement requires both parties to be willing to negotiate. If the defendant denies their liability or contests the range of damages sought by the plaintiff, settlement may not be an option.

Las Vegas Birth Injury Lawyer FAQs

Q: How Long After Birth Can I File a Birth Injury Claim?

A: Under state law, you have three years to file a birth injury claim if the mother suffered the injury. If the newborn was injured, the three-year statute of limitations begins on the child’s 18th birthday. This means you could have until your child’s 21st birthday to file a birth injury claim on their behalf if they were injured at birth. However, it can take quite a while for the full effects of a birth injury to come into focus, so it’s wise to consult a Las Vegas birth injury attorney as soon as possible if you believe a negligent medical professional is responsible for harming your child.

Q: What Is the Most Common Type of Birth Injury in Las Vegas?

A: The most commonly reported birth injuries in Las Vegas and throughout the United States are fractures, specifically fractured collarbones. The infant’s shoulders are the widest part of the body that must pass through the birth canal, and if the attending medical staff use excessive force or are otherwise negligent in their handling of the birth, the baby’s shoulders could become stuck and ultimately result in a fractured collarbone.

Q: How Much Is a Birth Injury Claim Worth in Las Vegas?

A: A birth injury can potentially cause a host of negative effects to an injured child that will persist for the rest of their life. Depending on the nature and severity of the injury, the child could face lifelong medical complications and disabilities. The defendant is liable for the full scope of economic damages they inflicted with their negligence, including medical expenses, ongoing medical treatment costs for the child, the parents’ lost income, and the pain and suffering they caused. While there is no limit on claimable economic damages, pain and suffering compensation is limited to $350,000.

Q: What Are the Penalties for Causing a Birth Injury?

A: The medical professional who caused the birth injury in question will face liability for the economic damages they caused and the plaintiff’s pain and suffering. However, if they were egregiously negligent, they are likely to face professional consequences as well, potentially including loss of their medical license. Additionally, they may also face criminal prosecution if they engaged in severe professional misconduct, such as attempting a childbirth procedure under the influence of drugs or alcohol.

Q: How Much Will a Las Vegas Birth Injury Attorney Cost?

A: The attorneys at Easton & Easton understand how damaging and traumatic a birth injury can be for the victim and the family, and our goal is to provide reliable, accessible legal counsel to those who need it most. We take cases on a contingency fee basis, so our client does not pay any legal fees until we win their case. Additionally, the fee they pay is a portion of their total case award, and there is no fee at all if we are unable to secure compensation on their behalf for any reason.

The attorneys at Easton & Easton have years of experience guiding clients through some of the most challenging personal injury claims in Las Vegas, including medical malpractice cases resulting from birth injuries. If you or your child were injured during childbirth, the effects can be life-changing for your entire family, and if the injury occurred because of medical negligence, you have the right to seek accountability from the responsible party. Contact us today to set up a conference with an experienced Las Vegas birth injury attorney you can trust with your case.

Your Story Is Important To Us.
CALL US SO WE CAN HEAR IT.

Firm Awards

The superior client service Easton & Easton provides has earned the firm an A+ rating from the Better Business Bureau.

Easton & Easton is honored to have been chosen anew each year since 2014 by U.S. News & World Report and Best Lawyers as one of the "Best Law Firms" for the Southern California Metro Area.

Easton & Easton is honored to have been chosen by the LA Times Reader's Choice Poll as "The Best Personal Injury Law Firm in Orange County" for 2018.

Doug and Brian Easton have been selected as Top 100 Trial Lawyers for California each year since 2014 — honors given to less than 1% of attorneys.

Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.

Brian and Matt Easton were recently honored for their efforts in securing a $1,850,000 verdict for a client in 2016, which was selected as one of the Top 50 Personal Injury Verdicts in California by TopVerdict.com.

Doug and Brian have each been selected by Super Lawyers, an honor given to less than 5% of attorneys. Matt Easton has been selected among Super Lawyers' Up-and-Coming Top 25 in Orange County and Top 100 in Southern Califonia, an honor given to less than 1% of attorneys under 40 years old.

Easton & Easton is honored to have been chosen as one of the "10 Best Personal Injury Law Firms” in all of Southern California" each year Since 2015 based on client satisfaction — one of the highest honors we could ever hope to achieve.

Easton & Easton received the “People Love Us On Yelp” award in 2016 due to the exceptional client satisfaction reviews given by our clients over the years.

Doug and Matt Easton have each been featured as Premier 100 Trial Attorneys for California since 2015 — honors given to less than 1% of attorneys.

Brian and Matt Easton have each earned lifetime appointment to the Multi-Million Dollar Advocates Forum — The Top Trial Lawyers in AmericaTM through the results achieved for their clients. This is an honor given to less than 1% of attorneys in the United States.

Doug Easton has held the “AV Preeminent” Rating for over 30 years and Matt Easton received this prestigious distinction in 2015. The "AV Preeminent" rating is the highest possible rating for both legal ability and ethical standards, and is based on the legal profession’s oldest peer review rating system, dating back to 1887.

Doug, Brian, and Matt Easton have all been chosen as one of the "10 Best" Personal Injury Attorneys in Southern California each year since 2015 based on client satisfaction, an honor given to less than 1% of personal injury attorneys - and Easton & Easton houses three of them.

Brian Easton was selected to the American Board of Trial Advocates (ABOTA) in 2015. ABOTA is one of the most premier associations of trial attorneys and judges, requiring a certain number of jury trials as lead counsel and approval by a majority vote of the ABOTA board.

Matt Easton has been selected each year since 2014 as one of the Top 40 Trial Lawyers Under 40 for California by The National Trial Lawyers — an honor given to less than 1% of attorneys.

Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.

Both Doug and Matt Easton have been selected as Top Personal Injury Attorneys by Avvo with scores of 10 out of 10 based on their skill, experience, results, peer evaluations, and client reviews.

Matt Easton has been selected as one of the Top 10 Personal Injury Attorneys Under 40 in California for 2015 by the National Association of Personal Injury Attorneys — an honor given to less than 1% of personal injury attorneys under the age of 40.

Doug, Brian, and Matt Easton have all been selected by the National Association of Distinguished Counsel among the Nation's Top One Percent of Attorneys each year since 2017.

Orange County Personal Injury Lawyer | Costa Mesa Auto Accident Attorney | Catastrophic Injuries

“We look for the human story behind every injury or wrongful death. We prepare our cases for trial; reaching out to the jury with the most compelling evidence possible for the best verdict possible. Insurance companies know this and come to the table prepared to negotiate in good faith. Call us to see how we can turn your story into fair compensation.”

Partner W. Douglas Easton

What Our
CLIENTS SAY

Coming out of my first auto accident as an adult, a very difficult and scary time to navigate and understand, I was so incredibly thankful to have been put in contact with Easton & Easton. I honestly was lost with how to handle paperwork, doctors, medical costs and what next steps were, and from the moment I spoke with Travis Easton and my case manager Katie, my mind was put at ease. They have made the entire process stress free for me as I recovered, and I am so grateful for them and their genuine care for my case. Communication from the start has been fantastic, especially making clear what my expectations for the entire process would look like, and I truly believe they have my best interest at heart. 100% I would recommend their firm for anyone that is needing representation!

Sara McClelland

My experience with Easton & Easton has been amazing! Gabriel Mendoza and my case manager Katie have been so helpful and taken so much stress off my plate. They’ve been super informative and honest and given me very clear expectations. They’ve taken such a terrible experience (my accident) and eased my mind about the outcome. I can’t thank them enough!!

Caila Dean

Ive used them twice and never been disappointed

Lisa Bluemel

The Easton & Easton Law Firm is amazing! The entire team is very helpful and caring. They were always there to answer all my questions. They directed me through the entire process and stayed with me every step of the way. This team is outstanding and were wonderful to work with. Because of the tremendous effort they put on my case they were able to win my difficult personal injury case. I couldn’t have asked for a better law firm to handle my case. They are the Best! Thank you for your patience, professionalism, & guidance! I definitely recommend this firm to handle your case. They go out of their way to fight for your rights. THANK YOU…

Sofia Sanchez

I could not be more pleased with the services provided by the Law Offices of W. Douglas Easton. The senior partner Mr. Easton took the time to meet with me and my wife while I was still in the hospital, where he gave my family hope that there was light at the end of a very long, and very dark tunnel. Matt Easton then worked my case, and because of his dedication, experience and expertise I received a settlement that was larger than I EVER thought possible. It was truly astounding! Matt and the entire team at Easton & Easton looked out for me throughout my recovery, and in the end they gave me my life back. Five stars is not enough. Thanks Matt! Thanks Easton & Easton!

Dan Campbell

Brian and everyone at Easton and Easton are simply the BEST at what they do. Brian is thorough, easy to talk to, and truly cares about his clients. If you want a family of attorneys with perseverance and determination to fight for you, give Easton and Easton a call. I am glad I did.

Kyle Keith

What an amazing law firm, talk about going above and beyond to make such a painful experience go so well. I have referred a co-worker and a family member to them as well and everyone had such a great experience as I had.

Logan Ross

I can’t say enough amazing things about my experience with Travis Easton at Easton & Easton. Travis and his entire team (Katie, Amy, Dee, Michelle, & Araceli) are phenomenal. It provided me a lot of comfort to know I was being so well taken care of. I was especially impressed that every document for the case was perfectly written and specific to me. Nothing was generic, which shows the level of care and attention they put into each individual case. I had such a great experience and would highly recommend Travis Easton and his firm to anyone going through a personal injury. Travis took a bad situation and made the best of it for me. Thank you again, I’m forever grateful!!

-Allee

Ashlee A.

Retaining Easton and Easton was one of the best decisions I’ve ever made! From the initial consultation to our final meeting, they were nothing short of exceptional. I was forced to retain their services after firing my previous attorney for not handling the case properly. I dealt with Gabriel and Brian (partner) exclusively throughout the case. They did as promised and were great communicators throughout the entire process. I will recommend them to anyone I know going through a personal injury case. They were ultimately able to untangle the mess caused by my previous lawyer and get a result that I was extremely happy with. Their staff is exceptional as well and provided top notch customer service. Amera was also extremely helpful and easy to deal with as well.

Jeffrey N.

I was in a pretty bad car accident and decided to have Easton & Easton represent me, Travis Easton to be specific. Travis Easton and his paralegal made the whole process effortless. They were so understanding and helpful! The entire thing was a gigantic mess, yet Travis managed to make it run like clockwork. I would HIGHLY recommend Easton & Easton! If you are ever in need of a personal defense attorney Easton & Easton is the firm to represent you!

Mark B.

They are the best law firm in Orange County period. Choosing them to represent me was the best decision of my life.
My life changed in a matter of seconds after a catastrophic spinal cord injury that left me disabled. Brian Easton and his team worked on my case non stop for 3 years and provided me the justice I deserved. I couldn’t have been more content.
I was treated with utmost respect and I felt like I was being represented by a close family member. The responses to my questions were quick and clear. What E & E has done for me is phenomenal.
My sincere thanks to Brian, Matt, Travis, Doug, Gabriel and Amera. They are what they are because of their dedication to provide high quality and professional service to their clients.

Vamsi P.

Brian Easton and his team, Gabe Mendoza and Amera Hajali, helped me during a very difficult time in my life. I had a significant injury from a car accident, and wound up seeking out Easton & Easton when I was having difficulties getting help from my doctors. The Easton team took a lot of stress off of me while acting as my advocates to help me get the care I needed, and saw my case all the way through to a healthy settlement.

They are the BEST!

Jennifer P.

I have nothing but good things to say about Easton and Easton. Brian handled my case professionally and communicated with me effectively throughout the process. He made sure that the process was effortless and as hands free as possible. This was super important for my busy schedule. I highly recommend Easton and Easton if you are ever found in a situation that you need an attorney.

Claudia C.

I would highly recommend Easton & Easton.
I was rear ended on my home and pushed into a semi-truck. I was not sure how to go about even using an attorney.
Brian, Gab and Amera were so good about helping me thru the process and representing me.
I was able to concentrate on getting myself better knowing they had my back, taking care of the details and keeping me informed along the way

Linda M.

The best Law firm by far. I would highly recommend Easton & Easton, LLP and ask for Gabriel Mendoza and staff. He and his colleagues did and exceptional service. Thank you for everything. Job well done!

Ericka P.

Contact

  • This field is for validation purposes and should be left unchanged.

Contact