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Las Vegas Birth Injury Lawsuit Reinstated

A medical malpractice lawsuit brought by a Las Vegas resident was recently reinstated by the Nevada Supreme Court. The case involves doctor mistakes that were apparently made during the birth of James Monroe at Sunrise Hospital in Las Vegas in 1995. During James' birth by emergency Cesarean section, his head was lacerated by a scalpel, resulting in permanent head injury. 

Dr. Barry Halpern and the hospital were among the defendants in the case, heard by District Judge Mark Denton. 

A Statute of Limitations Issue 

The lawsuit was filed by James' mother, Marilyn Monroe, more than four years after his birth (but before he reached 10 years of age). The lower court dismissed the case based on the reason that the case was not filed within the time limit set by Nevada's medical malpractice statute of limitations. 

However, the same statute of limitations also states that in cases that involve "brain damage or a birth defect, the period of limitations is extended until the child attains 10 years of age." The state Supreme Court found that James' injury does qualify under this clause of the statute, and they overruled the lower court's dismissal of the case, thus sending the lawsuit back to the Clark County District Court to be reconsidered. 

In addition, the Court denied Dr. Halpern's request for attorneys' fees and costs on appeal. 

What is Statute of Limitations? 

Each state has its own statute of limitations, which are set to regulate the amount of time, following certain events, that a person can pursue legal action for the event.  

(Source: Las Vegas Sun) 

Don't Wait Too Long to Bring a Medical Malpractice Lawsuit 

If you're unsure of your legal rights regarding an injury, contact us immediately to speak with an experienced medical malpractice attorney in your area. Each state has its own statute of limitations set forth for medical malpractice cases — don't let a statute of limitations expire.


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