Nashville Birth Injury Lawyer
If your child has suffered a birth injury in Nashville, you need the assistance of an experienced legal professional. Tennessee laws can be complicated, and you must be sure you’re doing everything necessary to protect your right to compensation. A Nashville birth injury lawyer at NST Law can investigate your case, draft and file the proper legal documents, and advocate for you and your child at the negotiating table and in the courtroom.
A newborn baby brings joy and excitement to any family. However, that joy can quickly turn to distress if your child experiences a birth injury caused by the negligence of a doctor or other medical professional. Birth injuries can be mild conditions that eventually resolve, but some are more severe, resulting in lifelong disability or death.
Navigating a birth injury lawsuit is not something you want to do alone. The Nashville medical malpractice lawyers at NST Law are here to help you hold negligent medical professionals accountable. Our dedicated, knowledgeable team can handle every step of the legal process for you so that you can focus on your child’s well-being and recovery.
Table Of Contents
- How Our Attorneys Help with Birth Injury Cases
- Types of Birth Injuries Our Attorneys Help With
- Liability Under Tennessee Law
- Birth Injury Statute of Limitations in Tennessee
- Available Compensation for a Birth Injury Lawsuit in Nashville
- Choosing the Right Hospital in Nashville
- Why You Need an Experienced Nashville Birth Injury Lawyer
How Our Attorneys Help with Birth Injury Cases
Our team of experienced birth injury attorneys in Nashville can help you and your family navigate this stressful time.
When you work with NST Law, our team can help you with every aspect of filing a birth injury lawsuit in Nashville, including:
- Conducting an in-depth investigation into what happened
- Determining who might be responsible
- Understanding your goals and concerns
- Answering all of your questions
- Meeting all filing deadlines and procedural requirements
- Fighting for your best interests during negotiations and, if need be, at trial
Birth injury cases are usually complex because multiple parties are often liable and you must follow special procedures. Working with an experienced injury lawyer can help you protect you and your child’s rights.
Request a Free Case Evaluation
Types of Birth Injuries Our Attorneys Help With
Birth injuries occur for many different reasons. In some cases, they have a genetic cause, and there is nothing anyone could have done to prevent them. Sometimes these injuries are due to a pregnancy complication.
However, in many cases, birth injuries are caused by a medical professional’s negligence during delivery. There are a few common causes of birth injuries during delivery:
- Failing to monitor the baby’s heart rate
- Using excessive force during delivery
- Making an incision in the wrong place during a Cesarean section
- Delaying a needed Cesarean section
- Failing to pay attention to signs of fetal distress
- Using the wrong type or amount of medication during labor
- Failing to treat an infection properly
Common birth injuriescaused by negligent medical professionals include:
- Cerebral palsy
- Brachial plexus injury
- Erb’s palsy
- Fractured bones
- Skull fractures
- Brain injury
- Intracranial hemorrhage
If your child suffered a birth injury caused by the negligence or carelessness of a doctor or other medical professional, you might be entitled to compensation. OurNashville personal injury lawyers have extensive experience handling these cases, and we will fight to get you the compensation you and your child deserve.
Liability Under Tennessee Law
Under Tennessee law, you must prove a defendant is liable for an injury to collect compensation from them. Births often involve a lot of personnel, including doctors, nurses, and other staff members. The doctor, nurse, or staff member directly responsible for a birth injury could be held liable.
In some cases, the hospital where the delivery occurred could also be liable if it failed to properly vet and train its employees. A thorough investigation into the circumstances of your case can determine which parties are at fault.
Generally, to win a birth injury case, you must prove four things:
- Duty of care. The medical professional must have owed a duty of care, meaning they had a legal obligation to meet the applicable standard of care when treating you and your child.
- Breach of the duty of care. You must show the medical professional breached their duty by failing to exercise the reasonable degree of care and skill that a similar health care provider would use in the same situation.
- Causation. The medical professional’s breach of duty must have caused your child’s injuries.
- Damages. You must show that you or your child suffered damages from the provider’s breach of duty.
The first step in filing a lawsuit is to provide the proper pre-suit notice to the allegedly negligent parties. Under Tenessee law, you must send the required notice to each health care provider you will name as a defendant at least 60 days before filing the complaint. In addition, you must meet other specific statutory requirements in a Tennessee medical malpractice or health care liability lawsuit. These can be complicated, so it’s important to consult with a Nashville birth injury attorney at NST Law as soon as possible.
Birth Injury Statute of Limitations in Tennessee
In Tennessee, the statute of limitations for personal injury cases is generally one year. That means you must file a birth injury lawsuit within one year of the date your child was injured. Failing to file by that deadline might prevent you from pursuing your lawsuit.
However, some exceptions can give you more time to file, including certain ones for minors. There is also a rule known as the discovery rule that can apply when an injury is not immediately apparent. If the discovery rule applies, you usually have one year from the date you discover the injury to file suit.
You never want to risk putting off filing and failing to comply with these limitations. Your lawyer can ensure the proper paperwork is filed on time so you do not have to worry about the statute of limitations preventing you from getting the compensation you deserve.
Available Compensation for a Birth Injury Lawsuit in Nashville
Whether your child needs short-term treatment or long-term care, medical expenses add up quickly. Tennessee law allows you to seek compensation to cover your child’s medical expenses and compensate them for everything they have been through. There are three types of compensation you can recover through a birth injury lawsuit:
- Economic damages. These are the financial losses you experienced because of the birth injury, such as hospital bills and physical rehabilitation costs.
- Non-economic damages. These are related to the birth injury’s negative impacts on your child’s quality of life. Some examples of non-economic damages include pain and suffering, disability, disfigurement, and mental anguish.
- Punitive damages. If the doctor or medical professional acted maliciously, fraudulently, or recklessly, you may also qualify for punitive damages.
In Tennessee, there are limits on non-economic and punitive damages awards. You cannot receive more than $750,000 for non-economic damages unless it is a catastrophic injury, in which case you could receive up to $1 million. Catastrophic injuries usually include wrongful deaths, amputations, severe burns, and other life-altering injuries.
Tennessee law also caps punitive damages at either $500,000 or twice the amount of the compensatory damages you receive, whichever is greater. It is not always easy to determine how much compensation you can seek, so it is best to discuss your case with a legal professional experienced in handling birth injury cases.
Choosing the Right Hospital in Nashville
Researching and identifying the best Nashville hospital for your baby’s birth is important. Meet with physicians and medical providers to learn about their protocols and the support and services you and your child will receive.
Nashville has some of the country’s best hospitals for you and your family to choose from. Unfortunately, negligence and medical malpractice can happen at even the best hospitals. But choosing a hospital with a good reputation can help you minimize the risk of injury.
Why You Need an Experienced Nashville Birth Injury Lawyer
At NST Law, we take our reputation as The Champions for the Injured seriously. We have recovered over $2 billion in compensation for our injured clients, so you can trust that our team knows how to get a successful outcome. Contact our team today for a free consultation. You will not have to worry about any up-front costs for representation when you work with us.