Nashville Birth Injury Lawyers

Bringing a new life into the world is a momentous and joyous occasion for Nashville parents. However, a birth injury can turn this celebratory time into a time of fear and uncertainty.

A birth injury is any bodily harm a newborn suffers during the birthing process. These injuries cause harm to the newborn’s bodily function or structure, and may occur during labor, delivery, or after delivery. Birth injuries can range from mild and temporary to severe and permanent, and may impact a child’s physical and cognitive development.

A birth injury that results from medical negligence can leave parents feeling overwhelmed and unsure of how to seek justice. The injuries may result in a lifelong financial obligation for special care, which can place a substantial burden on a family. The emotional and personal toll a birth injury can inflict is considerable.

If you believe your child has suffered a birth injury due to a medical provider’s negligence, you need experienced legal support to protect your family’s rights and advocate for the compensation you deserve. At Minner Vines Injury Lawyers, PLLC, our Nashville birth injury lawyers are dedicated to helping families seek justice and accountability. Contact us today to discuss your situation and learn about your legal options.

Understanding Birth Injuries and Their Causes

Birth injuries are physical injuries or damage that a newborn sustains before, during, or shortly after birth. Various factors may cause these injuries, including medical malpractice, improper prenatal care, or complications during delivery. Common types of birth injuries include:

  • Cerebral palsy is often caused by oxygen deprivation during birth. The lack of oxygen leads to motor function impairment and developmental challenges.

  • Erb’s palsy results from nerve damage in the newborn’s shoulder, often the result of excessive force during delivery.

  • Broken bones may occur during a difficult delivery. The clavicle and collarbone are the most likely to be damaged.

  • Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage resulting from a lack of oxygen and blood flow to the brain during birth, and may cause neurological and developmental difficulties.

  • Facial paralysis can occur when pressure on a baby’s face injures the facial nerve. There is no movement on the side of the face with the injury, and the eye won’t close. The paralysis usually improves in a few weeks if the nerve is bruised. Surgery may be required if the nerve is torn.

Birth injuries can arise from numerous factors and are not limited to the injuries listed above. Tragically, many of these birth injuries might have been prevented with proper medical care and adherence to established best practices. Some common causes of birth injuries include:

  • Failing to perform a timely C-section when needed can result in prolonged labor and fetal distress
  • Misuse of forceps or vacuum extractors can cause significant injuries to the baby
  • Inadequate monitoring of the mother and fetus during pregnancy and labor can lead to complications
  • Incorrect administration of medication during labor can harm both the mother and the baby

Contact Birth Injury Lawyers in Nashville

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(615) 676-7060

Who May Be Liable in a Birth Injury Claim?

Liability in a birth injury claim may extend to multiple parties depending on the circumstances. Primary responsibility often falls on the attending medical professionals, including obstetricians, nurses, and midwives, if their negligence or errors contributed to the injury. The hospital or medical facility can also be held liable for inadequate training, staffing issues, or failure to maintain equipment.

In some cases, pharmaceutical companies or medical device manufacturers may be liable if their products are defective or improperly labeled. Additionally, if prenatal care was substandard, healthcare providers involved in caring for the mother and child during pregnancy might also bear responsibility.

Determining liability in a birth injury claim involves a thorough investigation into medical records, expert testimonies, and examination of hospital protocols. Legal teams assess whether standard care procedures were followed and if deviations directly caused the injury. Establishing causation requires medical experts to demonstrate a clear link between the negligent actions and the resulting harm.

What Compensation Is Available in a Birth Injury Claim?

Families affected by birth injuries may be entitled to various forms of compensation to help cover the costs associated with the injury. Tennessee does not limit the compensation the court can award for economic losses in a healthcare liability case, but the state does limit compensation for non-economic losses like pain and suffering to $750,000.

You may be able to recover compensation in a birth injury claim to cover such expenses as:

  • Medical expenses for past, present, and future medical treatments related to the birth injury.

  • Rehabilitation costs associated with physical therapy, occupational therapy, and other necessary rehabilitation services.

  • Loss of income and earning capacity if the injury impacts your ability to work while you care for your child.

  • Special accommodations required to modify your home or vehicle to meet your child’s needs.

The amount of compensation awarded in birth injury claims varies significantly from case to case, and depends heavily on the injury’s severity and the medical professional’s negligent behavior.

Minner Vines Injury Lawyers, PLLC

What a Birth Injury Lawyer Can Do for You

Parents affected by birth injuries in Nashville have the right to take legal action to hold negligent medical professionals accountable for the harm caused to their newborn.

A birth injury claim involves a legal process centered on proving that medical negligence occurred, and that the negligence directly caused the newborn’s injury. The legal process for this type of claim follows a series of typical steps:

  • Investigation 1

    Your attorney gathers medical records, consults with medical experts, and collects evidence to build a strong case on your behalf.

  • Filing a Claim 2

    Your lawyer submits a formal complaint against the responsible parties, including doctors, nurses, or the medical facility.

  • Settlement Negotiations 3

    The attorneys for both sides argue for settlement on behalf of their clients.

  • Litigation 4

    An attorney at Minner Vines Injury Lawyers, PLLC can present your case in court if the at-fault party doesn’t offer a fair settlement that meets your needs.

Our experience with these types of cases makes us well equipped to deal with large insurance companies. We’ll provide clear guidance and advice at every stage, and will keep you posted throughout the process so you know what’s going on and what to expect.

Why Choose Minner Vines Injury Lawyers, PLLC to Represent You in Your Birth Injury Claim?

At Minner Vines Injury Lawyers, PLLC, we understand the profound impact a birth injury can have on your family. Our Nashville birth injury lawyers are committed to providing compassionate and effective legal representation to families like yours who have experienced a traumatic and potentially life-changing birth injury event.

Our firm has years of experience handling birth injury cases. We treat every case with the individualized attention it deserves to ensure you receive the support and guidance you need throughout the legal process. We believe your focus should be on the care of your child – you shouldn’t have to worry about managing the details of a complex injury claim. Your attorney can alleviate some of your stress while you focus on your family.

We always encourage potential clients to ask questions when meeting with attorneys, including:

  • What experience do you have specifically with birth injury cases in Nashville?
  • How do you determine if a birth injury case is viable, and what factors do you consider?
  • Can you explain the typical timeline for a birth injury lawsuit in Tennessee?
  • What compensation might be recoverable in my birth injury case, and how are they calculated?
  • How will you communicate with me throughout the legal process, and what level of involvement can I expect?

What Is the Deadline to File a Tennessee Birth Injury Claim

In Tennessee, the statute of limitations for birth injury claims generally allows parents to file a lawsuit within one year of discovering the injury, provided they do so within three years of the actual injury date. The law makes exceptions for cases involving fraud or concealment by healthcare providers, which can potentially extend the filing period. You should consult with an attorney right away to ensure compliance with these time limits and protect the right to seek compensation for your child’s injuries.

Contact a Nashville Birth Injury Attorney Today

When your family experiences a birth injury, you deserve to hold a negligent medical provider and any other liable parties accountable for the harm they’ve caused – and you deserve the legal support that gives you the best chance of recovering the compensation you need to move forward. At Minner Vines Injury Lawyers, PLLC, we understand the emotional turmoil, medical bills, and uncertainty your family is facing. We’re here to fight on behalf of your child and your family and are committed to delivering the justice you deserve.

Contact us today at 615-676-7060 and let us provide the legal support and guidance you need. We will work diligently to investigate the circumstances surrounding your child’s birth injury and build a strong case to pursue the full compensation you deserve. We look forward to meeting you, listening to your story, and explaining the next steps.