When your child is born, you want them to be as happy and healthy as possible. But sometimes, unfortunate injuries occur. According to Johns Hopkins, medical error is the third leading cause of death. And while this could sometimes be due to random accidents, it could also be caused by malpractice.
A Tennessee birth injury lawyer from our group can help. We offer free consultations to help you find out if you could file a malpractice lawsuit. We dedicate ourselves to helping parents of children injured during childbirth fight for their rights and receive compensation.
For a free legal consultation, call 1-800-222-9529
Common Types of Birth Injuries
When something goes wrong during the delivery process, it can take the form of many different birth injuries. These injuries can cause cerebral palsy, Erb’s palsy, and other life-altering conditions.
Common types of birth injuries include:
- Brain damage
- Spinal cord injury
- Spina bifida
- Fetal macrosomia
- Retinopathy of prematurity
- Bone fracture
- Nerve damage
- Brachial plexus injury
These birth injuries can have devastating effects on your family’s life. Medical bills, costly physical therapy, and other damages to your life and wallet can be stressful and scary. A birth injury lawyer in Tennessee can get to the bottom of your case to see if you are eligible for compensation.
Birth Injury Lawyer Near Me 1-800-222-9529
What Causes Birth Injuries?
Delivering a child can be complicated at every step of the process, so there are plenty of chances for something to happen to your baby. This can range from a simple accident to major medical negligence. Causes of birth injuries can include:
- Failure to call for a necessary cesarean section
- Failure to diagnose a harmful infection
- Oxygen deprivation
- Loss of blood flow to the brain
- Umbilical cord compression
- Misuse of medical equipment like forceps or vacuum extractors
If any of these happened to your child, your caregivers may be guilty of medical malpractice. A Tennessee birth injury attorney can investigate the doctors, nurses, and hospital whose care you were under to see if you are a victim of negligence.
Was My Birth Injury Malpractice?
When a medical professional, hospital, or even equipment manufacturer, serves you, they owe you a standard of care. That is the basic level of care that they can be reasonably expected to provide for a patient. If a caregiver breaches the standard of care, then they are negligent.
To prove that your caregiver is guilty of malpractice, you need to be able to show that:
- They owed you a standard of care
- They breached the standard of care
- Their negligence caused an injury
- That injury caused specific economic or non-economic damages
If all of these are true, then you are a victim of medical malpractice. A lawyer from our group may be able to help you get compensation for the damages that someone else’s negligence caused.
What a Birth Injury Attorney in Tennessee Can Do for You
When you get your free initial consultation with one of our malpractice lawyers, they will listen to you about what happened and give you an idea of what the next steps for your claim should be. After that, they will get to work on your case. Things a lawyer can do for your malpractice case include:
To prove negligence in your birth injury case, a malpractice attorney will have to gather evidence, including medical records, witness statements, and testimonies from medical experts. Our group knows what to look for to show that your healthcare provider’s negligence caused your child’s injury.
If, for example, a doctor fails to diagnose the early signs of infection during pregnancy or labor, this is an act of negligence. Beyond the medical documents, we will also consult with other medical experts to establish that the at-fault party did not meet the expected standard of care for that particular situation.
Calculating Your Damages
So we know how much compensation you should get, our group will calculate all of the damages that you’ve suffered because of your child’s birth injury. This will include both economic damages, as in financial losses, and non-economic damages, as in mental or physical pain.
Our birth injury lawyers in Tennessee will also calculate damages you are likely to have in the future because of the malpractice that occurred. Damages that you may recover from your birth injury claim include:
- Medical expenses
- Ongoing payments for treatments and physical therapy
- The cost of accessible accommodations and wheelchairs
- Pain and suffering
- Mental anguish
- Wrongful death
Negotiating With the Insurance Company
Insurance companies don’t want you to get your maximum compensation because they don’t want to pay. They will try to trick you, bully you, twist your words, and lowball you so you don’t get the settlement that you deserve. A personal injury lawyer can help you negotiate.
Our Tennessee birth injury attorneys have the experience and skill to know what tricks the insurance company will try to pull. Before you talk to the at-fault party or their insurance adjuster, it’s a good idea to consult with a lawyer.
Representing You in Court
It’s not likely that your case will go to trial. Most of the time, the other party will agree to a settlement before that happens. In the event that they don’t, however, your lawsuit will go to court.
If that happens, an attorney from our law office will represent you. We work on a contingency-fee-basis, which means we don’t get paid until you win your compensation.
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Talk to a Birth Injury Lawyer in Tennessee for Free
A complication during your child’s delivery shouldn’t mean their life and yours should be dictated by medical bills and expensive treatments. Financial compensation can mean significantly less stress. Our birth injury attorneys in Tennessee want to help make sure you can focus on caring for your family. Contact us today to get a free case evaluation. We’re ready to help 24/7.