Birth Injuries and Wrongful Death | Nashville Lawyers

Many people think that all birth defects are caused by medical malpractice. However, this is not always the case. While medical negligence can sometimes lead to birth defects, there are also many other causes. Birth defects can be caused by genetic factors, or by the mother’s actions during pregnancy.

For example, Down Syndrome is caused by a genetic defect, and Fetal Alcohol Syndrome can be caused by a mother drinking during pregnancy. If you are concerned that your child may have a birth defect, it is important to speak to your doctor. They will be able to tell you whether or not medical negligence played a role in the development of the condition.

Birth Injuries vs Birth Defects

Birth defects are determined before the child is born.

When most people think of medical malpractice, they think of things like botched surgeries or wrong prescriptions. However, medical malpractice can also occur during childbirth. If a medical complication arises during labor or delivery, it can cause serious injury to the baby.

For example, if the baby is too large for the mother’s pelvic bone structure, a lengthy delivery might cause the baby to suffer either physical injury or temporary loss of oxygen. Loss of oxygen could cause brain damage. If you believe that your child has been the victim of medical malpractice, it is important to speak with an experienced attorney who can help you protect your legal rights.

Pregnancy and childbirth are medical procedures, and as with any medical procedure, there are inherent risks involved. However, when a physician or hospital is negligent in their actions or fails to take proper precautions, this can result in a birth injury that could have been avoided. If your child has suffered a birth injury due to medical negligence, you have legal rights and may be entitled to compensation for your child’s injuries.

Our experienced birth injury attorneys can help you protect your legal rights and get the compensation you and your family need to care for your child’s lifelong injury or disability. Contact us today for a free consultation.

Causes of Birth Injuries

Improper technique, equipment use, and lack of action or decision by the attending physician are three major causes of preventable birth injury. If you suspect that one of these causes may have contributed to your baby’s injury, we can help you sort through the complex legal and medical issues to discover the primary cause of your child’s birth injury. We have the experience and resources to investigate your claim, identify the responsible parties, and fight for the compensation you and your family deserve. Contact us today for a free consultation.

Types of Birth Injuries

Medical malpractice can cause the following birth injuries:

  • Birth paralysis. Can be caused by shoulder dystocia or cerebral palsy (see below). May range from loss of feeling in a single area of the body to quadriplegia: the loss of movement in all four limbs.
  • Brachial Plexus Palsy. Caused by shoulder dystocia (see below). Total brachial plexus palsy results in paralysis of the shoulder, arm, and hand.
  • Cerebral Palsy Overview. Caused when blood flow (and oxygen) is cut off from the brain for an extended period. Cerebral palsy can often result when a cesarean section procedure is delayed.
  • Erb’s Palsy. A type of incomplete brachial plexus palsy that affects only the shoulder and upper arm.
  • Klumpke’s palsy. A type of incomplete brachial plexus palsy that affects only the lower arm, wrist, and hand.
  • Shoulder dystocia. Occurs when the baby’s shoulder gets stuck on the mother’s pelvic bone. When not addressed promptly and correctly by the doctor, shoulder dystocia causes brachial plexus palsy.

More Information on Specific Birth Injuries

Brachial Plexus Palsy

Cerebral Palsy

Erb’s Palsy

Klumpke’s Palsy

Shoulder Dystocia

Our team of legal professionals has the experience and compassion necessary to help you and your family get through this difficult time. We understand the heartbreak that you are feeling, and we will do everything in our power to get to the bottom of what happened. We offer free consultations so that you can get a thorough understanding of your legal options and what to expect from our team.

You should not have to shoulder the burden of this tragedy alone, and we will do everything we can to help you get the justice you deserve. Contact Tennessee Accident Law today to learn more about how we can help you.

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Updated: 11/20/2023