Understanding Birth Injuries
Bringing a child into the world should be a joyful experience, but medical negligence during pregnancy, labor, or delivery can lead to serious birth injuries. These injuries can have lifelong consequences for both the baby and the parents. If you suspect that a doctor’s mistake caused harm to your child, you may be entitled to file a birth injury claim in Nashville.
Common Causes of Birth Injuries
Birth injuries occur when a doctor, nurse, or hospital staff fails to follow the proper standard of care, leading to harm. Some of the most common causes of birth injuries include:
Failure to Monitor Fetal Distress
Doctors and nurses must closely monitor the baby’s heart rate, oxygen levels, and overall condition. If they fail to recognize signs of distress, the baby can suffer from:
- Oxygen deprivation (hypoxia)
- Brain damage
- Stillbirth
Improper Use of Forceps or Vacuum Extraction
Assisted deliveries using forceps or vacuum extraction can be dangerous if performed incorrectly. These errors can cause:
- Skull fractures
- Brain bleeding
- Nerve damage
Delayed C-Section
If a baby is in distress, an emergency C-section may be necessary. A delay in performing a timely C-section can lead to:
- Lack of oxygen to the brain
- Birth asphyxia
- Cerebral palsy
Medication Errors During Labor
Incorrect use of labor-inducing drugs, such as Pitocin, can cause excessive contractions, leading to:
- Uterine rupture
- Fetal distress
- Brain injury
Types of Birth Injuries in Medical Malpractice Cases
Birth injuries vary in severity. Some babies recover fully, while others suffer permanent disabilities. Common injuries include:
Cerebral Palsy
Cerebral palsy is a neuromuscular disorder caused by brain damage before, during, or shortly after birth. It can result from:
- Oxygen deprivation
- Head trauma during delivery
- Undiagnosed infections in the mother
Brachial Plexus Injuries (Erb’s Palsy)
Improper delivery techniques, such as pulling too hard on the baby’s shoulders, can damage the nerves in the arm, leading to:
- Weakness or paralysis in the affected arm
- Loss of muscle control
Hypoxic-Ischemic Encephalopathy (HIE)
This serious brain injury occurs when a baby does not receive enough oxygen or blood flow to the brain during birth. HIE can lead to:
- Seizures
- Developmental delays
- Cognitive impairment
Fractures and Head Trauma
Difficult deliveries can result in:
- Broken collarbones or arms
- Skull fractures
- Intracranial bleeding
Proving Medical Negligence in a Birth Injury Claim
To win a birth injury claim, you must prove that the doctor, nurse, or hospital was negligent. A Nashville medical malpractice lawyer will help establish:
Duty of Care
The medical provider had a legal obligation to provide safe and proper care.
Breach of Duty
The provider failed to meet accepted medical standards, making a preventable mistake.
Causation
The mistake directly caused the baby’s birth injury.
Damages
The injury resulted in medical expenses, pain, suffering, or long-term disabilities.
When to Contact a Birth Injury Lawyer in Nashville
If you notice signs of a birth injury in your child, contact a lawyer immediately. Warning signs include:
- Seizures shortly after birth
- Weakness in arms or legs
- Difficulty feeding or breathing
- Developmental delays
Tennessee’s Birth Injury Statute of Limitations
Tennessee law requires that medical malpractice claims be filed within one year of discovering the injury, but no later than three years after the birth. However, exceptions exist for cases involving infants and young children, so consulting a lawyer quickly is essential.
Compensation Available for Birth Injury Cases
A successful birth injury lawsuit can provide financial relief for:
Medical Expenses
- Hospital bills
- Surgeries and rehabilitation
- Ongoing medical care
Pain and Suffering
Compensation for emotional and physical distress caused by the injury.
Future Costs
- Physical therapy and special education
- Assistive devices
- Lost earning potential
Why You Need a Nashville Medical Malpractice Lawyer
Expert Medical Witnesses
A skilled attorney will work with doctors and specialists to prove negligence.
Negotiating Fair Settlements
Hospitals and insurance companies often offer low settlements. A lawyer ensures you get maximum compensation.
Taking Your Case to Court
If a settlement cannot be reached, your lawyer will fight for justice in court.
Get a Free Consultation Today
If your child suffered a birth injury due to Nashville medical malpractice lawyer, don’t wait. Contact a trusted medical malpractice attorney today for a free consultation. They will help you seek justice and fair compensation for your child’s future.