Nevada Military Birth Injury Malpractice Attorneys

Active duty military families in Nevada expect the highest standard of medical care from Army, Navy, and Air Force Medical Centers for prenatal care and delivery. Medical negligence during pregnancy, labor, or delivery at Military Treatment Facilities (MTFs) can unfortunately result in devastating birth injuries that affect children for their entire lives. Federal jurisdiction, not state medical malpractice law, governs these cases, requiring specialized legal expertise.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor—giving us unique insight into military birth injury cases and the medical standards of care that were violated. With over $145 million recovered for clients and 25+ years of experience handling Federal Tort Claims Act (FTCA) cases, we understand the complex intersection of military medicine and federal law.

If your child suffered a birth injury at a Nevada Army hospital, Navy medical center, or Air Force facility, you have legal rights under the Federal Tort Claims Act (FTCA). These are federal claims against the U.S. government, not individual doctors, and require specialized knowledge of both military healthcare systems and federal tort law.

• Failure to Monitor Fetal Distress: When medical staff at military treatment facilities fail to properly interpret fetal heart rate monitoring or ignore warning signs of oxygen deprivation during labor, the result can be hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and permanent brain damage.

• Delayed Emergency Cesarean Section: When complications arise, such as umbilical cord prolapse or placental abruption, military hospital staff who delay performing an emergency C-section can cause devastating oxygen deprivation leading to lifelong disabilities.

• Improper Use of Delivery Instruments: Using excessive force or incorrect positioning with forceps or vacuum extractors during assisted delivery can cause skull fractures, brachial plexus injuries (Erb's palsy), facial nerve damage, and intracranial bleeding.

• Medication Errors During Labor: Administering incorrect dosages of labor-inducing drugs like Pitocin, or failing to monitor the mother's response to medications, can cause uterine rupture, fetal distress, and emergency situations requiring immediate intervention.

• Failure to Diagnose Maternal Conditions: Military medical staff who fail to properly diagnose and treat conditions like preeclampsia, gestational diabetes, or infections during pregnancy endanger both mother and baby, risking serious complications during delivery.

• Inadequate Resuscitation of Newborns: When babies are born in distress at military hospitals, immediate and proper resuscitation is critical. Delays or errors in newborn resuscitation can result in brain damage, developmental delays, and lifelong medical needs.

We represent military families who experienced birth injuries at federal military treatment facilities throughout Nevada. These facilities are subject to Federal Tort Claims Act jurisdiction, making them distinct from civilian hospitals in terms of legal procedures and standards.

Michael O'Callaghan Military Medical Center (Nellis Air Force Base) - This Air Force medical facility serves active duty personnel and their families stationed in the Las Vegas area. Birth injury cases here may involve failures in obstetric care, delayed emergency interventions, or inadequate neonatal resuscitation protocols.

While military treatment facilities can handle routine deliveries, they often lack the specialized resources found at major civilian medical centers. When complications arise requiring immediate expert intervention, delays or substandard care can result in preventable birth injuries.

View all Nevada Military Facilities

• Your baby experienced obvious distress during labor (abnormal heart rate patterns, meconium in amniotic fluid) but delivery was not expedited appropriately
• Medical staff failed to perform an emergency C-section despite clear indications such as cord prolapse, placental abruption, or prolonged labor
• Excessive force was used during delivery, resulting in visible injuries like bruising, cuts, or deformed limbs
• Your baby required immediate resuscitation at birth but medical staff appeared unprepared or delayed appropriate interventions
• Labor was induced or augmented with medications without proper monitoring of fetal response
• You developed pregnancy complications (preeclampsia, gestational diabetes) that were not properly managed during delivery
• Your baby was born with injuries that medical staff could not adequately explain or that seemed inconsistent with a normal delivery
• Medical records show gaps in monitoring during critical periods of labor or delivery

Economic Damages

Birth injury cases often involve substantial economic losses that continue throughout the child's lifetime. Recoverable economic damages include lifetime medical care costs for conditions like cerebral palsy or developmental delays, specialized therapy services including physical, occupational, and speech therapy, special education costs and tutoring services, adaptive equipment and home modifications for accessibility, lost future earning capacity if the child's ability to work is impaired, and transportation costs for ongoing medical appointments and treatments.

Non-Economic Damages

Families affected by birth injuries also suffer significant non-economic losses. These include pain and suffering experienced by the child due to their injuries and ongoing medical treatments, loss of enjoyment of life and inability to participate in normal childhood activities, emotional distress suffered by both the child and parents, impact on family relationships and quality of life, and mental anguish related to the child's long-term prognosis and care needs.

Nevada-Specific Considerations

Under Nevada law, medical malpractice claims are subject to a damage cap of $350,000 for non-economic damages (Nevada Revised Statutes § 41A.031). However, this state cap does not apply directly to Federal Tort Claims Act cases against military hospitals. FTCA cases are governed by federal law, which applies the substantive law of the state where the incident occurred but may not be bound by state damage limitations. Each FTCA case is evaluated based on federal standards and the specific circumstances of the injury, potentially allowing for higher compensation than would be available under Nevada's civilian medical malpractice caps.

Statute of Limitations: The Federal Tort Claims Act (28 U.S.C. § 2401) requires that administrative claims be filed within two years of the date of injury. This federal requirement supersedes Nevada's state statute of limitations for medical malpractice claims. For birth injury cases, the two-year period typically begins when the injury is discovered, though this can be complex when dealing with developmental delays that may not become apparent until months or years after birth.

Expert Witness Requirements: The Ninth Circuit Court of Appeals has explicitly held that a medical expert affidavit is mandatory under Nevada law. For birth injury cases involving military hospitals, expert testimony is essential to establish the standard of care expected during pregnancy, labor, and delivery, and to demonstrate how the military medical providers deviated from that standard. Our firm's medical doctor attorney provides unique expertise in evaluating these complex medical issues.

For complete step-by-step filing instructions, see our guide: How to File a Military Medical Malpractice Claim in Nevada

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you must file an administrative claim within two years of discovering the injury. For birth injuries, this timeline can be complex since some developmental issues may not become apparent until the child is older. The FTCA's federal requirements supersede Nevada's state statute of limitations.

You may recover both economic damages (medical expenses, therapy costs, special education, lost future earnings) and non-economic damages (pain and suffering, emotional distress). Unlike civilian cases, FTCA claims are not subject to Nevada's $350,000 cap on non-economic damages, potentially allowing for higher compensation based on federal standards.

Nevada's damage cap of $350,000 for non-economic damages in medical malpractice cases does not directly apply to FTCA claims against military hospitals. Federal law governs these cases, which may allow for compensation beyond state-imposed limitations depending on the severity of the injury and federal court interpretation.

No, you cannot sue individual military doctors. Under the FTCA, claims must be filed against the United States government, not individual healthcare providers. The government assumes liability for the negligent acts of federal employees, including military medical personnel, performed within the scope of their employment.

Yes, Nevada law requires medical expert testimony in malpractice cases. The Ninth Circuit has confirmed this requirement applies to FTCA cases in Nevada. You need qualified medical experts to establish the standard of care and prove how military medical providers deviated from accepted medical practices during your child's birth.

FTCA cases typically take 18-36 months to resolve. The process begins with filing Standard Form 95 with the appropriate military branch, followed by a six-month government investigation period. If the claim is denied or ignored, you can then file a federal lawsuit, which may take additional months or years to reach resolution through settlement or trial.

Military birth injury cases are filed under federal law (FTCA) rather than state medical malpractice law. They require different procedures, have different deadlines, and are heard in federal court. Additionally, you're suing the U.S. government rather than individual doctors or private hospitals, which creates unique legal and procedural considerations.

Yes, recent changes to the National Defense Authorization Act have created limited exceptions to the Feres Doctrine, allowing active duty service members to file claims for medical malpractice by Department of Defense healthcare providers. Previously, only military family members could file FTCA claims, but active duty personnel may now have legal recourse for birth injuries they suffer while receiving care at military hospitals.

When your child has suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Nevada military facility, you need attorneys who understand both medicine and law. The Archuleta Law Firm offers a unique combination of expertise:

• Doctor-Attorney on Staff: Our founding attorney holds both an MD and JD, providing unmatched insight into Birth Injury cases and the medical standards of care that were violated.

• Proven Results: Over $145 million recovered for military families nationwide, including complex Birth Injury cases.

• Nevada FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Nevada military treatment facilities.

• No Fee Unless We Win: You pay nothing unless we recover compensation for you. We advance all case costs and expenses.

• Nationwide Practice: Licensed to handle FTCA cases in all 50 states, including Nevada, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Birth Injury takes on families. Our team is here to support you through every step of the legal process.

If your child suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Nevada military hospital, you may be entitled to significant compensation under the Federal Tort Claims Act.

The Archuleta Law Firm offers free, confidential case evaluations for Nevada Birth Injury victims. Our Nevada Birth Injury attorneys will:

• Review your medical records and case details at no cost
• Explain your legal rights under the FTCA
• Assess the strength of your potential claim
• Answer your questions about the Nevada legal process
• Discuss the compensation you may be entitled to recover

Don't wait - the FTCA has strict deadlines for filing claims. Contact us today to protect your rights.

Call 1-800-798-9529 for a free consultation, or Request Your Free Case Evaluation Online.

Nevada Military Malpractice Information

• Military & VA Medical Malpractice in Nevada - Complete guide to filing claims in Nevada, including facility listings and legal requirements

Other Nevada Case Types We Handle

• Nevada Surgical Errors Cases
• Nevada Emergency Room Errors Cases
• Nevada Brain Injury Cases

Birth Injury Resources

• Birth Injury Lawyers (Nationwide) - General Birth Injury information
• FTCA Claims Process - Understanding the Federal Tort Claims Act
• Standard Form 95 Guide - How to complete the required claim form

Contact Us

• Phone: 1-800-798-9529
• Free Case Evaluation

If you're a veteran or military family member dealing with a birth injury that occurred at a VA or military medical facility in Nevada, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights and securing compensation for your child's injuries. The FTCA allows you to file a claim against the federal government for medical negligence, but you must act within strict time limits.

Under the FTCA, you have two years from the date you discovered (or reasonably should have discovered) the injury to file an administrative claim using Standard Form 95. Once you submit this claim, the federal agency has six months to respond. If they deny your claim or fail to respond within that timeframe, you then have six months to file a federal lawsuit.

Having an attorney who is also a medical doctor is particularly valuable in military birth injury cases. These complex cases require both medical expertise to identify exactly what went wrong during prenatal care or delivery, and legal knowledge to navigate the specialized FTCA process. A doctor-attorney can quickly recognize deviations from the standard of care, understand complex medical records, and effectively communicate with medical experts who may need to testify in your case.

Through an FTCA claim, you can seek compensation for various damages related to your child's birth injury. These typically include past and future medical expenses, rehabilitation costs, specialized equipment and home modifications, lost wages for caregiving, and pain and suffering. In Nevada, there's no cap on damages in FTCA cases, allowing you to pursue full compensation for all your family's losses.

Don't wait to explore your legal options. Many law firms specializing in military medical malpractice offer free, confidential case evaluations to help you understand your rights and the strength of your claim. During this consultation, an experienced attorney can review your medical records, explain the FTCA process in detail, and help you determine the best path forward for your family. Remember, these cases are handled on a contingency fee basis, meaning you pay nothing unless your case is successful. Contact a qualified doctor-attorney today to ensure your family's rights are protected and you receive the compensation you deserve.

We handle various types of VA and military medical malpractice cases in Nevada:

• Nevada Surgical Errors Cases
• Nevada Emergency Room Errors Cases
• Nevada Brain Injury Cases
• Nevada Spinal Cord Injury Cases
• Nevada Misdiagnosis Cases
• Nevada Medication Errors Cases