Nashville Birth Injuries
Birth Defect Attorneys Representing Nashville and Davidson County Residents
The birth of a child should be one of the most joyous times in a parent’s life. However, complications do arise during pregnancy and delivery. While medical treatment throughout the pregnancy and delivery process has become increasingly advanced and sophisticated, birth injuries still occur. Some conditions suffered at birth can be cured, but others are more serious and permanent. While some injuries are a result of misfortune, others are caused by the failure of a doctor or medical care providers to provide appropriate medical care and attention. If you suspect your newborn’s injury was caused by a doctor’s malpractice or negligence, contact our Nashville birth injury lawyers today. As the largest plaintiff’s personal injury law firm based in Tennessee, we have the resources needed to fight for your rights and provide compassionate care to help you during your time of need.
How and Why Birth Injuries Occur in Babies and Children
It is true that in some situations, birth injuries are genetic and unavoidable. However, birth injuries can occur for a variety of reasons, including the negligence of a doctor or medical practitioner. For example, a medical care provider may use an improper medical technique or medical device, fail to monitor the baby’s oxygen intake before and after delivery, fail to detect mental or physical impairments in the early stages of pregnancy, or fail to properly treat a pregnant mother’s infection. In Davidson County, medical facilities such as Vanderbilt University Medical Center, Nashville General Hospital, and TriStar Centennial Medical Center are trusted to provide quality medical care based on accepted medical practices in the community.
A birth injury may include:
- Cerebral Palsy
- Shoulder Dystocia
- Klumpke’s Palsy
- Brain damage
- Erb’s Palsy
- Persistent pulmonary hypertension of the newborn (PHHN)
- Brachial Plexus
Handling a Birth Injury Case Under Tennessee Law
There are a number of potentially liable parties in a lawsuit brought by a plaintiff and their Nashville birth injury attorney, including the primary care doctor, OBGYN, hospital, or any other parties that played a role in the pregnancy and delivery. Any one of these defendants may attempt to shift the blame onto other parties, or even the victims. In Tennessee, multiple parties may ultimately be deemed responsible for a victim’s harm. When fault is apportioned among multiple defendants, each would be responsible for its own percentage of wrongdoing or negligence. This is why it is critical to closely review medical records to identify all potentially responsible parties.
If an infant suffers a birth injury as a result of a practitioner’s negligence, the parents may bring the lawsuit on the newborn’s behalf. The parents can pursue a number of damages, including those economic and non-economic in nature. Economic damages include more easily measured damages, such as past and future medical expenses, loss of earning capacity, and loss of income while caring for the injured child. Non-economic damages are more difficult to quantify, but may still be recoverable. These include loss of enjoyment of life, pain and suffering, loss of consortium, and emotional distress. Our birth injury lawyers help Nashville families by utilizing our litigation and trial experience.
The Tennessee Health Care Liability Act contains technical statutory requirements, including pre-suit notice before being able to file a lawsuit. We understand these provisions and how they can apply to your case. Overall, birth injury cases are complex and fact-intensive. Each case is different, and as your counsel, we can investigate your situation and evaluate whether you have a legal claim. If necessary, we will retain expert witnesses on your behalf who can evaluate your medical history and help develop the damages portion of your case so that you may recover compensation to which you are legally entitled. For instance, to prove loss of earning capacity, we can retain a vocational economist to document how the child’s earnings are likely to be affected due to having Cerebral Palsy.
Let Our Dedicated Lawyers Fight for You
Birth injuries can be devastating, especially when caused by another’s carelessness. However, you are not alone. Navigating the legal process can be difficult, and the birth injury attorneys at Nahon, Saharovich & Trotz are here to help. Our medical malpractice lawyers can serve all of Middle Tennessee, including Clarksville, Murfreesboro, Brentwood, Franklin, Lebanon, Columbia, and surrounding areas. To set up a free consultation with a dedicated birth injury attorney in Nashville, call our office toll-free at 800-529-4004 or complete our online form. Let us show you why NST is the way to go.