Birth Injury Lawyers in Jackson, TN
Birth injury cases resulting from medical negligence can be devastating, leading to heart-wrenching consequences for the child and their family. The top-rated NST Law birth injury lawyers in Jackson, TN, are dedicated to providing compassionate, personalized care and can help you navigate the complexities of the legal system to secure the compensation you and your family deserve.
Inviting a new life into the world is one of a family’s most joyous and heartwarming events. While we trust our doctors to provide necessary medical care throughout pregnancy and labor, negligence can occur. Unfortunately, these mistakes can have catastrophic effects, leading to traumatic injuries and even death.
Pursuing immediate legal guidance is crucial if you believe your child has suffered an injury due to medical malpractice or negligence. The Jackson, TN, birth injury lawyers at NST Law are well-versed in these cases and can help protect your legal rights and ensure you recover the compensation you deserve.
Table Of Contents
- How NST Law Can Help With Your Birth Injury Case
- Types of Birth Injury Cases NST Law Handles
- Common Birth Injuries and Their Causes
- Compensation Available in a Birth Injury Case
- Tennessee Statute of Limitations
- Proving Liability in Birth Injury Cases
- Contact NST Law for Help With Your Birth Injury Case Today
How NST Law Can Help With Your Birth Injury Case
At NST Law, we’re familiar with the sensitive nature of birth injury cases and strive to provide compassionate care for you and your family throughout this difficult time. We’re proud to be Champions for the Injured, with over 30 years of experience serving our communities and over $2 billion recovered for our clients.
We have an extensive staff team of over 30 attorneys and 120 support staff members ready to help you navigate the complexities of your case. We can help you by doing the following:
- Investigating to gather critical information, including medical reports and charts of the mother and child, witness statements, and employment records of medical professionals
- Consulting with experts and specialists, including obstetricians, nurses, anesthesiologists, and pediatricians
- Determining the cause of the injury or death and finding out who is liable
- Providing sound legal advice to guide you
- Handling settlement negotiations on your behalf
- Building a compelling case as well as assertively representing you in court if necessary
Our Jackson, TN, personal injury attorneys have extensive experience in birth injury cases and can help you navigate the intricacies of the legal system to receive a favorable outcome.
Types of Birth Injury Cases NST Law Handles
Two causes of action exist for birth injuries: medical malpractice and wrongful death. NST Law handles all types of birth injury cases, including traumatic injuries and wrongful deaths.
If you or your child has suffered an injury due to medical negligence or malpractice, recovering compensation for the situation might be possible. Our skilled Jackson birth injury lawyers at NST Law are prepared to help you navigate the complexities of your case.
Common Birth Injuries and Their Causes
Birth injuries to the child encompass various injuries and deformities, including the following:
- Cerebral palsy
- Shoulder dystocia
- Brain damage
- Erb’s palsy
- Klumpke’s palsy
- Persistent pulmonary hypertension of the newborn
- Caput succedaneum
- Subconjunctival hemorrhage
- Intrauterine fetal demise
- Intraventricular hemorrhage
Unlike birth defects that are genetic and therefore unavoidable, birth injuries often stem from medical malpractice or a health care provider’s negligence.
Some common causes of birth injuries include the following:
- Failure to properly monitor the child before, during, and immediately after birth
- Failure to identify a high-risk pregnancy
- Failure to recognize fetal distress
- Failure to recognize maternal distress
- Failure to order a timely C-Section
- Improper use of medications
- Improper use of birth instruments
- Anesthesia errors
- Surgical errors
Several hospitals in western Tennessee provide maternity services, including:
- Jackson-Madison County Hospital
- Baptist Memorial Hospital
- Humboldt General Hospital
- Milan General Hospital
- West Tennessee Healthcare North Hospital
Compensation Available in a Birth Injury Case
The compensation you can recover in a birth injury lawsuit includes economic and non-economic damages. Economic damages compensate for all quantifiable losses, such as medical expenses and future lost wages. Non-economic damages cover things such as emotional distress and pain and suffering.
Among the compensation available in birth injury cases are the following:
- Past and future medical expenses
- Pain and suffering
- Emotional distress
- Loss of earning capacity
- Loss of enjoyment of life
How Much Is a Birth Injury Case Worth?
The compensation you can recover in a birth injury case depends heavily on factors specific to your situation, including the severity of the injury.
Tennessee Code Section 29-39-102 caps recoverable damages for injury cases at specific levels. For example, there is a $750,000 limit on non-economic damages, including pain and suffering or loss of enjoyment of life. In severe cases involving catastrophic injuries, such as spinal cord injuries, amputations, and wrongful death, the cap is $1 million.
An experienced birth injury attorney in Jackson, TN, can help you determine a fair settlement and ensure you receive the compensation you deserve.
Tennessee Statute of Limitations
Under Tennessee Code Section 28-3-104, most personal injury cases have a statute of limitations of only one year. In other words, you have one year to file your birth injury lawsuit and recover compensation.
Not all birth injuries are immediately apparent and cannot be discovered within the one-year after birth. The law recognizes this and gives you one year from the date you discover the injury. However, Tennessee imposes a hard cap of three years from the date of the injury in all cases.
Proving Liability in Birth Injury Cases
Establishing liability is significant in achieving a favorable outcome in a birth injury case. Several parties may bear liability, including doctors, nurses, and other hospital staff. Also, hospitals may be held liable for the actions or omissions of their employees.
For example, if your child was in distress and required an immediate cesarean section, yet the attending doctor delayed the surgery despite awareness of the baby’s distress, you could hold the doctor liable. In addition, a pharmaceutical company may be liable if it fails to adequately inform physicians of all risks associated with a specific drug.
To prove medical malpractice in a birth injury case, you must establish the following elements:
Duty of Care – You must show a doctor-patient relationship existed, meaning the doctor or health care provider owed the mother and child a duty of care.
Breach of Duty – The health care provider breached the duty of care by failing to provide the applicable standard of care.
Causation – The health care provider’s breach was the direct and proximate cause of the birth injury, and the child wouldn’t have suffered the injury absent that breach.
Damages – The child suffered damages, such as medical expenses, pain and suffering, emotional distress, or disability, as a result.
Birth injury cases are rarely straightforward and often require the skill and expertise of an experienced birth injury lawyer, as determining and proving liability can be complex. To determine who is at fault for your child’s injuries, your lawyer will carefully examine all aspects of the case using multiple pieces of information, such as medical charts, reports, and security camera footage.
Contact NST Law for Help With Your Brain Injury Case
Birth injuries can have devastating effects, but you’re not alone. The Jackson birth injury lawyers at NST Law understand the anguish resulting from these cases. We’re prepared to offer kind, compassionate care throughout this difficult time. If you suspect your child has suffered an injury due to medical malpractice or negligence, let us help you.
We take pride in representing members of our communities throughout Tennessee. Contact our office at (800) 529-4004 or complete our online form to get started with a free consultation.
There are many possible birth injuries stemming from medical negligence, including brain damage, intrauterine fetal demise, cerebral palsy, and intraventricular hemorrhage. These injuries are typically the result of the negligence of medical personnel, including doctors, nurses, and anesthesiologists.
TYPES OF ACCIDENTS
Our client was walking in a Tennessee gas station parking lot when he was struck by a commercial concrete truck. He broke both of his legs and underwent extensive medical treatment.