Las Vegas Medical Malpractice Lawsuit Underway

The Nevada Supreme Court recently ruled that a Las Vegas medical malpractice lawsuit will be able to continue despite the fact that the lawsuit was filed four years after the medical mistake occurred.

Mother Files Birth Injury Lawsuit

The mother of James Monroe filed a birth injury lawsuit against Sunrise Hospital, claiming that her baby suffers brain damage due to a medical mistake during the birthing process. According to the suit, the newborn’s head was sliced open with a scalpel during an emergency Caesarean section.

Baby James was transferred to Southwest Regional Neonatal Center an hour later, because the doctors couldn’t get the bleeding to subside. The doctor mistake caused James to suffer traumatic brain injuries.

Court Dismissed Case Because of Statute of Limitations

James’s mother filed a Las Vegas medical malpractice lawsuit four years later; however, the court dismissed the case arguing that because it had been four years since the medical mistake occurred, it was too late.

The Nevada Supreme Court overruled the decision, because according to the Nevada statute of limitations, if the lawsuit involves brain damage or birth defects, the parents have until the child is 10 years old to initiate legal proceedings.

What is Statute of Limitations?

Statute of limitations regulates the amount of time, after certain events, that a legal remedy, involving the events may be initiated. The statutes vary state to state.

Nevada Statute of Limitations Include:

• Legal malpractice: 4 years
• Veterinary malpractice: 4 years
• Medical malpractice: 3 years
• Personal injury: 2 years
• Fraud: 3 years
• Libel/slander/defamation: 2 years
• Injury to personal property: 3 years
• Las Vegas Product liability: 4 year

(Source: About Lawsuits)

For more information regarding Nevada statute of limitations, contact us today to speak with a committed, experienced Las Vegas personal injury attorney.