While some birth injuries are the result of legitimate complications, many are caused by the negligence and recklessness of the parties responsible for the delivery. In Tennessee, if a child is left with a severe birth injury as a result of medical negligence, the family of the injured child may file a lawsuit to collect compensation. Birth injury lawsuits can help families recover damages for pain and suffering, permanent disfigurement, cost of past and future medical expenses, lost wages, rehabilitation costs, and punitive damages.
Did your child sustain a preventable birth injury? At Morgan and Morgan, our compassionate lawyers have the knowledge and experience to effectively litigate a birth injury claim and help recover the maximum reward for your family. Contact our Memphis birth injury lawyers by filling out our free case evaluation form to find out if you are entitled to a monetary recovery.
Types of Birth Injuries
When a child is born, there are a number of precautionary steps the attending medical professionals and staff must take to ensure a safe and healthy delivery. When healthcare professionals fail to meet the standard of care, injuries which may have been avoidable can arise. Some of the most common types of preventable birth injuries handled by our medical malpractice attorneys are listed below.
- Cerebral Palsy
- Erb’s Palsy (Brachial plexus injury)
- Facial Paralysis
- Dejerine-Klumpke Palsy
- Bone Fractures
- Spinal Cord Damage
- Umbilical cord strangulation or injuries
- Brain injury
- Internal Bleeding
Birth injuries can be caused by deficient oxygen levels in the infant, medication errors (including Pitocin), improper use of birthing tools such as forceps or vacuums, or failing to respond properly to bleeding, umbilical cord problems, fetal distress, and C-section necessities.
Injuries from deficient oxygen levels (including Cerebral Palsy) and other serious problems often involve a failure to adequately monitor the fetus. The attending medical staff has a responsibility to monitor for early signs of oxygen deprivation and distress and is trained to respond in the event of complications. When fetal monitoring is done properly, it can prefigure a range of corrective actions, from simple adjustments that facilitate oxygen flow to emergency Cesarean sections. However, if a medical staff is negligent or slow to respond to the signs of fetal distress, a birth injury may result and the professionals held liable.
Injuries from improper use of tools like forceps or vacuums arise when a doctor is too forceful with birthing tools. Often these utensils are employed when the infant’s shoulder becomes stuck on the mother’s pelvic bone, and there is a risk of oxygen deprivation. While the aggressive use of birthing tools may not always constitute malpractice, if the child is seriously injured (including brachial plexus and shoulder dystocia injuries such as Erb’s Palsy) it may be prudent to speak with a knowledgeable birth injury attorney.
Hiring an Attorney
If your child has suffered a birth injury, it is always in your best interest to contact an experienced lawyer immediately. In Tennessee, birth injury lawsuits must be filed within one year of the date of the injury. If that time limit expires, you may become ineligible for any monetary recovery.
At Morgan and Morgan, our compassionate attorneys in Memphis office can assist you in determining the viability of your case and whether you may be entitled to seek compensation. Our attorneys have a long tradition of serving the people of Tennessee, Arkansas, and Mississippi and will work tirelessly to help ensure that no family must be crippled physically, mentally, or financially because a doctor was negligent. Fill out a free, no-obligation case review form today to contact the knowledgeable birth injury attorneys at Morgan and Morgan.