Medical Malpractice Suit Reinstated over Brain Injury
For the life of one little boy and his mother things may be looking up. During delivery James Monroe, born in 1995, head was lacerated by a scalpel. Medical professionals attempted to staunch the bleeding for over an hour; he was transferred to another Hospital and was left with a brain injury. More than four years later his mother decided to file a medical malpractice lawsuit. The lower court dismissed the mother’s birth injury suit because of a statute of limitations. However, the statute also allows for malpractice lawsuits involving “brain damage or birth defect, the period of limitations is extended until the child attains 10 years of age.” The Nevada Supreme Court overruled the lower court’s dismissal of the case, indicating that the injury does qualify as brain damage or a birth defect under Nevada law and the case will be allowed to continue.
