A mother will be allowed to file a birth injury lawsuit over four years after the infant was born at Sunrise Medical Center in Las Vegas, Nevada. The Supreme Court ruled that the parents had a ten year period with which to file a lawsuit, since the injury was classified as a birth defect/brain damage.
The women gave birth during an emergency procedure where the baby was removed through Caesarean section. The infant’s head was cut by a scalpel during the procedure and hospital workers couldn’t stop the bleeding. An hour after the birth injury, the baby was taken to Regional Neonatal Center. After being admitted to the hospital, the baby survived but a brain injury was sustained from the care.
Nevada law specifies that a mother has up to ten years to file suit if the injury involves medical malpractice or negligence resulting in birth defects or brain injury. Typically, most medical malpractice and other personal injury suits can only be filed up to two years after the injury in Nevada courts. Although the lower courts tried to dismiss the claim due to the statute of limitations, the Nevada Supreme Court overruled decision stating that the injury fell under the ten year statute.
Medical malpractice and hospital negligence can result in tragic events to the victim and their loved ones. Although doctors and hospitals do their best to avoid medical error or mistakes, sometimes the MD or hospital administration is at fault. If you believe you have been injured due to bad medical judgment, contact the Las Vegas Law Firm of Benson & Bingham, skilled medical injury attorneys.