Elko Birth Injury Lawyer

The birth of a child is meant to be a joyful moment filled with hope and excitement for the future. But when medical negligence results in a birth injury, families are often left feeling overwhelmed, heartbroken, and unsure of what to do next. At Kidwell & Gallagher, our empathetic Elko injury lawyers know how deeply these situations affect families. In this blog, we’ll help you understand why having an experienced birth injury attorney by your side can make a difference, explain the types of cases we handle, outline who may be held responsible for a birth injury, and give you a sense of what to expect if you decide to take legal action.

Why Hire an Elko Birth Injury Attorney to Handle Your Case?

When you’re facing the emotional and financial impact of a birth injury, having a specialized attorney by your side is crucial. These complicated cases require deep knowledge of both medical and legal standards to prove negligence. A skilled legal counselor can help you comprehend your rights, gather critical evidence, and fight for your family’s compensation for ongoing care and support.

An experienced birth injury lawyer will:

• Investigate thoroughly to gather relevant medical records, interview experts, and build a strong case.
• Handle negotiations with insurance companies and healthcare providers who may try to minimize your compensation.
• Represent you in court if a settlement cannot be reached, verifying that your case is presented effectively to a judge or jury.

A trusted Elko birth injury attorney from our team can make the difference between a minimal settlement and a fair outcome that genuinely supports your child’s future needs.

Types of Cases Birth Injury Attorneys Handle in Elko

Birth injuries can occur due to various forms of medical negligence during prenatal care, labor, or delivery. According to the Merck Manual, many of these situations are preventable and often result from improper handling or failure to respond appropriately to complications during delivery. Similarly, the National Center for Biotechnology Information (NCBI) explains that these injuries commonly stem from excessive force, prolonged labor, or the use of delivery tools like forceps and vacuum extractors—all factors that can contribute to severe complications if not managed carefully. Here are some of the most common types of birth injuries that may lead to legal action:

• Cerebral Palsy: Often caused by oxygen deprivation or head trauma during birth, this can result in lifelong physical and cognitive challenges for the child.
• Erb’s Palsy: This injury affects the nerves controlling the arm and shoulder and typically results from excessive force used during delivery, particularly in cases where the baby’s shoulder gets stuck.
• Brain Injuries: Traumatic brain damage can occur when improper medical techniques lead to head trauma, potentially causing developmental delays or severe disabilities. As mentioned by the NCBI, traumatic brain injuries are among the most severe forms of birth injury and are often the result of complications that could have been addressed with proper monitoring and intervention.
• Fractures: Broken bones, especially clavicle fractures, are common. They often happen when a baby’s shoulder becomes lodged during delivery and is improperly handled by medical staff.
• Facial Paralysis: Improper use of delivery tools such as forceps or vacuum extractors can cause nerve damage, leading to partial or complete paralysis.

Substantial evidence, including medical records, expert testimony, and a thorough understanding of obstetric care standards, is required to establish medical negligence in these injuries. Taking prompt action to gather this evidence is essential for building a strong case and ensuring families have the support they need.

What Is the Deadline to File a Birth Injury Lawsuit?

In Nevada, birth injury lawsuits are subject to strict time limits. Generally, parents have until their child’s 10th birthday to file a medical malpractice lawsuit. However, if the parents were aware or should have been aware of the injury earlier, they may need to file sooner. This timeframe is known as the “statute of limitations.”

Other factors to consider include:

• Discovery Rule: This applies if the injury wasn’t immediately apparent. You have one year from the date of discovery to file.
• Exceptions for Severe Disabilities: Certain cases involving significant disabilities may have extended deadlines.

Given these time-sensitive requirements, consulting with a birth injury attorney as soon as possible is vital to guarantee you don’t lose your right to seek compensation.

Who May Be Liable for Birth Injuries?

Accountability in birth injury cases can extend to multiple parties depending on the case’s specifics. Potentially liable individuals or organizations include:

• Obstetricians: They are often the primary caregivers during delivery and may be responsible if they fail to meet the standard of care.
• Nurses and Support Staff: If nurses mishandle delivery procedures or fail to communicate concerns, they may share responsibility.
• Hospitals: These can be held liable if inadequate policies or staffing shortages contribute to the birth injury.
• Pharmaceutical Companies: In some cases, improper use of medication or defective drugs during pregnancy can cause harm to the baby.

Determining responsibility in a birth injury case requires careful investigation, expert testimony, and thorough documentation. *

How Much Does it Cost to Hire a Birth Injury Attorney in Elko?

Our law firm operates on a contingency fee basis for birth injury cases, meaning you pay nothing upfront. Our dues are only collected if we secure compensation on your behalf, making quality legal representation accessible to families regardless of their financial situation.

With our contingency charge structure, you can expect the following:

• There are no out-of-pocket costs for consultations, evidence gathering, or expert witnesses.
• Transparent fees are charged only if and when we recover compensation, allowing you to pursue justice without financial strain.

This approach guarantees that you can focus on your family while we handle the legal process. We are dedicated to providing high-quality representation without adding to your financial burden.

Contact a Nevada Birth Injury Lawyer for A Free Consultation

Families in Elko, NV, dealing with the aftermath of a birth injury deserve compassionate and skilled legal representation. At Kidwell & Gallagher, our experienced legal representatives are dedicated to helping you seek justice, identifying all liable parties to ensure the best outcome for your family, and securing compensation for the harm your child has endured. To learn more about how we can support you, schedule a free consultation today by visiting our Elko birth injury lawyer page or calling us at (775) 323-2667. We’re here to stand by your side every step of the way with the commitment your family needs.

Areas we Serve

• Reno Birth Injury Lawyers
• Elko Birth Injury Lawyers

Kidwell & Gallagher Injury Lawyers

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(775) 323-2667

Contact an Experienced Elko Birth Injury Lawyer from Kidwell & Gallagher Today

At Kidwell & Gallagher, we believe in fighting for our client’s rights to the economic justice they deserve. If you choose to work with our personal injury lawyers, we will handle all the hurdles and challenges your case involves while you focus on healing from your injuries. 

If you are ready to build a case for compensation following a personal injury, call our office, or submit our contact form to schedule a free consultation. Our injury lawyers will fight vehemently to defend your rights and work to help you recover compensation.

With over 45 years of combined personal injury law experience representing clients nationwide, our team is dedicated to helping our clients and our community. We also have two bilingual staff members to accommodate your needs!

Craig W. Kidwell

Founding Attorney