Are You or a Loved One Dealing with a Wrongful Birth Situation in Las Vegas?
Our Las Vegas wrongful birth lawyers are here to help. Wrongful birth cases are challenging, and we are ready to face that challenge with you. With over 32 years of winning malpractice claims for our clients, we want to partner in your fight against injustice.
Contact our wrongful birth attorneys today by calling (702) 919-1513 for a free consultation.
What is a Wrongful Birth?
Wrongful birth is a legal term used to describe a situation where a child is born with a disability or a birth defect that could have been detected or prevented with proper medical care. In essence, it refers to cases where parents believe that they were not given accurate or sufficient information about their child's condition or the potential risks during pregnancy or childbirth. [1]
In the context of wrongful birth, it refers to the failure of healthcare providers to provide proper prenatal care or to accurately diagnose and inform parents of potential birth defects or disabilities.
Parents who face the difficult reality of having a child with a disability or birth defect often have to deal with emotional distress, substantial medical expenses, and additional financial burdens. These unexpected challenges can cause immense stress and affect the emotional well-being of the entire family.
If information is not provided regarding the status and health of the pregnancy, the parent cannot make informed choices about whether to continue with the pregnancy. [2]
What is the Statute of Limitations For a Wrongful Birth in Nevada?
A wrongful birth is categorized under malpractice, and there are set limits regarding the timeframe for filing any malpractice claim in Nevada. If you and your family have experienced a wrongful birth, you have 3 years to file your case. NRS 41A.097
Exceptions to this time frame may apply. Contact our local Las Vegas wrongful birth lawyers with any questions you may have regarding your claim.
Medical professionals should strive to accurately identify any potential birth defects or disabilities through advanced prenatal screenings, ultrasounds, and genetic testing. [3]
How Do You Prove a Wrongful Birth in Las Vegas?
- Establish that there was a duty of care owed by the healthcare professional to the patient. This means demonstrating that the healthcare professional had a responsibility to expectant parents during pregnancy and childbirth. It is important to show that the healthcare provider had a professional relationship with the parents and that their actions or inaction fell short of the accepted standards of care.
- Establish that there was a breach of that duty of care. This involves demonstrating that the healthcare provider's actions or omissions deviated from what a reasonable and competent medical professional would have done in similar circumstances. This can be proven by presenting expert medical testimony to show that the healthcare provider's conduct was negligent or below the standard expected in their profession.
- Once a breach of duty has been established, the next step is to prove that the breach directly caused the birth defect or disability. This requires showing a clear causal link between the healthcare provider's negligence or failure to provide appropriate care and the specific harm suffered by the child. Expert testimony and medical records can be used to demonstrate this connection.
- Establish the damages suffered by the parents and the child as a result of the healthcare provider's negligence. This may include medical expenses, the cost of ongoing care and treatment for the child, emotional distress, pain and suffering, loss of consortium, and other related damages. Documentation, testimony from medical experts and specialists, and financial records can all help support the claim for damages.
Compensation For A Las Vegas Wrongful Birth
There are various damages available for wrongful births in Las Vegas:
- Medical Expenses: You may be entitled to compensation for the medical expenses related to the wrongful birth, including costs for prenatal care, genetic testing, and any necessary medical treatments.
- Parental Emotional Distress: You may be able to seek compensation for the emotional pain, suffering, and anguish resulting from the wrongful birth.
- Child-Rearing Costs: If the wrongful birth resulted in the birth and care of a child with severe disabilities, you may be able to recover compensation for the additional expenses associated with raising and caring for the child, including medical needs, therapy, education, and any other necessary support.
- Future Damages: If the wrongful birth has long-term consequences or ongoing financial implications, you may be entitled to compensation for future damages, including any additional medical expenses or loss of earning capacity.
Why Choose Goldberg & Loren For Your Las Vegas Wrongful Birth Case?
Our wrongful birth attorneys offer exceptional expertise and dedication to our clients.
One of the key reasons to choose Goldberg & Loren for your wrongful birth case is our extensive experience and knowledge in this specialized area of law.
Another reason to trust Goldberg & Loren with your wrongful birth case is our commitment to providing personalized and compassionate representation.
Our legal team at Goldberg & Loren is known for our thorough approach to case preparation. We leave no stone unturned when it comes to gathering evidence, reviewing medical records, and consulting with expert witnesses to prove a wrongful birth claim.
Get a Free Consultation From a Las Vegas Wrongful Birth Lawyer
Have you experienced a wrongful birth and need legal help in Las Vegas?Goldberg & Loren's experienced wrongful birth lawyers in Las Vegas are here to help you navigate through this difficult time. We understand the emotional and financial impact that a wrongful birth can have on you and your family, and we are dedicated to fighting for your rights.
With our expertise in wrongful birth cases, our Las Vegas personal injury attorneys will strive to ensure that you receive the compensation and justice you deserve. Our compassionate and birth injury attorneys will work tirelessly to hold medical professionals accountable for their actions.
If you or someone you know has gone through a wrongful birth, don't wait any longer. Contact Goldberg & Loren today to schedule a free consultation.
Sources:
[1] Wrongful birth. (2023, January 24). Wikipedia. https://en.wikipedia.org/wiki/Wrongful_birth
[2] Gralton, S. H. (1995). Nevada Court clarifies recovery in wrongful birth claim. The Journal of Law Medicine & Ethics, 23(3), 295–296. https://doi.org/10.1111/j.1748-720x.1995.tb01367.x
[3] Wrongful Birth | Encyclopedia.com. (n.d.). https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/wrongful-birth
We Represent Families Affected by a Wrongful Birth in the Following Cities and Communities Near Las Vegas, Nevada.
- North Las Vegas, NV
- Henderson, NV
- Paradise, NV
- Laughlin, NV
- Boulder City, NV
- Clark County, NV
- Summerlin, NV
- Pahrump, NV
- Mesquite, NV
- Spring Valley, NV
- Sunrise Manor, NV
- Whitney, NV
