Nevada Supreme Court overturns a lower courts dismissal of birth mother’s medical malpractice claim. Nevada law states brain injury qualifies as brain damage or birth defect during delivery of baby.
November 7, 2008, San Francisco, CA (JusticeNewsFlash.com)–Experienced San Francisco, CA, traumatic brain injury attorney, Mary Alexander, agrees with the recent decision of the Nevada Supreme Court. The higher court has reinstated a traumatic birth injury lawsuit. The victim of the medical malpractice claim is James Monroe who was born in May 1995 at Sunrise Hospital in Las Vegas. During the emergency caesarean section Baby Monroe’s head was lacerated with a scalpel by the delivering doctor. Because of the laceration by the surgeon, Baby Monroe, bled for over one hour. The doctors, nurses and staff at Sunrise Hospital eventually transfered the gravely injured baby to Southwest Regional Neonatal Center. The malpractice suit claims Baby James Monroe was permanently brain damaged and disabled by the negligence of the doctors and staff.
The skilled San Francisco medical malpractice litigator concurs with the justices’ decision to overrule the lower Nevada court decision:
-Nevada law states medical malpractice lawsuits involving “brain damage or birth defect” have an extended period of limitations up to the injured child’s 10th birthday.
-The injury to Baby Monroe does qualify as brain damage or a birth defect under Nevada law.
-The medical malpractice lawsuit will be allowed to continue in Clark County District Court.
Bay area medical malpractice attorney, Mary Alexander, with Mary Alexander & Associates, states permanent brain damage injuries during child birth are not uncommon. These type of catastrophic injuries effect the injured baby, the birth parents and the entire family. Families who have suffered injuries and damages due to medical malpractice during child birth may be compensated for their losses.
News contributor: Mary Alexander a medical malpractice lawyer experienced in traumatic brain injuries. Phone: (888) 433-4448 www.maryalexanderlaw.com
As reported by JusticeNewsFlash.com a web site visibility medium allowing lawyers, journalists, and other professionals the opportunity to provide breaking news to their communities. Ms. Ryan specializes in stories involving traumatic brain injury, medical malpractice cases, wrongful death litigation, child safety and defective product lawsuits.
Heather L. Ryan, R.N., C.L.N.C- Heather Ryan is a Certified Legal Nurse Consultant with 15 years of experience in the health care industry. Her expertise in reviewing medical records and assisting lawyers with the determination as to whether legal action should be taken provides an invaluable asset to the newsroom. Medical-malpractice, products liability, personal injury and workers’ compensation are some of the recent areas of litigation Ms. Ryan has focused her efforts on. A member of the Florida Justice Association, Heather maintains a long list of certifications and credentials to support her areas of expertise and stays up-to-date with her clinical knowledge working as an emergency room/trauma nurse, at a Level 1, Adult/Pediatric trauma and teaching institution in South Florida.