Are you grieving and confused after ​a birth injury? Are you wondering whether you should sue the medical professionals you believe are responsible?

First of all, let me tell you that you are not alone. For every 1,000 births in the United States, six are born with birth injuries. The parents involved often do not action because they believe that such injuries are a normal risk of delivery. This is false. In fact, in birth injury cases, medical negligence is often the direct cause.

Medical negligence

  • The doctor neglecting to diagnose a serious health condition that would impact your delivery.
  • The medical team present during the birth used excessive traction, pulled too hard or improperly handled tools.
  • The doctor may have insisted on a vaginal delivery when a cesarean section was necessary.
  • A nurse or technician may have acted carelessly when handling your baby after delivery.
  • Signs of fetal distress being ignored, or a birth infection was not taken seriously enough.
  • Wrong medication being used, and its side effects caused harm to you or your baby.

Crucial steps

What are crucial action steps you should be taking if you believe your child was injured or even killed as a result of medical malpractice?

The impact of a birth injury on a family cannot be understated. You must be vigilant and ensure you take steps to protect your child. Without proper compensation from the parties responsible, your child may be without adequate care to aid his or her recovery. In severe birth injury cases, long term care and expensive surgeries may be involved, and this can cause major financial distress for a family.

If you are considering filing a birth injury lawsuit, here is some crucial information to help you figure out if this is the right decision for you.

Sit down and take notes

Sit down ​with any other loved ones who were present during the birth and compare notes.

You must think back to the delivery and try and recall any details that point to medical negligence. For example, did the doctor or nurse look worried? Did your nurse appear confused or hesitant when receiving instructions from your doctor? Was the newborn quickly taken out of the room after you delivered? Were there any concerns you expressed that were brushed off by your doctor?

Even if you are the only parent who suspects the medical team caused the birth injury, and your loved ones involved appear passive, confused or otherwise reluctant to take legal action, you must trust your gut instinct. Be firm. Your child is unable to fight for him or herself and is totally dependent on you to seek financial compensation from the parties responsible, which, if long term care or expensive surgeries are involved, you are going to need it.

Sometimes, birth injuries do not show themselves for years. Cerebral palsy is one such birth trauma that can severely impact a child’s life, and it doesn’t always manifest until the child is older. For this reason, the law allows families to file birth injury lawsuits up to two years after the child’s eighteenth birthday.

The law allows families to file birth injury lawsuits up to two years after the child’s eighteenth birthday.

If your instinct tells you something is wrong, do not let your concerns be dismissed by family members, who may overwhelmed or intimidated by the idea of filing a lawsuit, or who may falsely believe that such action will be costly. In fact, most reputable law firms will consult with you for free, and will not receive any fee unless your case is successful.


Memories fade with time. Crucial evidence is lost. Witnesses pass away or forget what they saw. My firm, Day & Nance, offers free consultations in medical malpractice suits. There is no reason not to seek expert legal advice to determine if you have a case. Do not delay. You don’t even have to leave your home or hospital bed: I will come to you.

A Las Vegas attorney skilled in medical practice cases will know exactly how to proceed. My name is Steven Day, and I have been battling hospitals on behalf of clients just like you in the Las Vegas area for over 25 years.

My first step will be consulting with a team of medical professionals who will provide expert testimony regarding the severity and long-term ramifications of your baby’s injury. These professionals will help to predict any future surgeries your child may need, as well as necessary medications and any developmental challenges he or she may up against.

We will work to establish the financial costs involved in caring for your child in the face of any medical and development issues caused by the birth injury. I will then aggressively fight to ensure that you receive the maximum compensation allowed by law.

Medical negligence is often the direct cause of birth injuries.

When it comes to birth injury cases, a good lawyer isn’t just recommended but is mandatory. The hospital involved will be fighting tooth and nail to defend themselves against any claim of medical malpractice amongst their staff. Such a claim has a serious impact on the hospital’s reputation, and for this reason, they will be aggressively contesting any allegations filed against them.

Additionally, medical malpractice suits often involve large financial awards to the parents of the injured child. Without an expert medical malpractice lawyer to represent them, families have little chance of winning their claim, or receiving adequate compensation for their expenses. Legally, you may be entitled to compensation for medical costs, lost wages, rehabilitative therapy, medications, caregiver expenses, and loss of enjoyment of life.

Please consider letting my firm, Day & Nance, go to bat for you and ensure that your family is awarded the maximum compensation allowed by law. I’m a parent myself, and I understand that you will do anything necessary to protect your child and seek justice on his or her behalf. We will consult with you for free to hear your case.

Last updated on Nov 17, 2012.