Nevada Supreme Court Reinstates Malpractice Case

The Nevada Supreme Court has overturned a lower court's ruling to dismiss a medical malpractice lawsuit involving a birth injury. 

Marilyn Monroe, whose son suffered a brain injury during birth, filed a lawsuit against Dr. Barry Halpern more than four years after the incident took place. Under Nevada law, victims of medical malpractice must file their claims within four years. However, for medical malpractice lawsuits involving brain injuries or  birth defects, the statute of limitations extends until the child reaches the age 10.

James Monroe, now 13, was born in May of 1995 at Sunrise Hospital in Las Vegas. During an emergency C-section his head was accidently lacerated by a scalpel. After multiple failed attempts to stop the bleeding a pediatric surgeon closed the wound, leaving baby James with a brain injury.

Although Monroe filed the lawsuit four years after accident, she did file it before his 10th birthday.

The Nevada Supreme Court dismissed the lower court's ruling after determining that the injury qualifies as brain damage or a birth defect under state law.

According to the Las Vegas Sun, the case will now return to Clark County District Court for further litigation.

For more information regarding  birth injuries or brain injuries, click here to find a medical malpractice attorney near you!