Nashville Birth Injury Lawyer

Nashville Birth Injury Attorney

It is no secret that the birthing process leaves both the mother and her child in an extremely vulnerable state. A single mistake made by a doctor or nurse can have a lifetime of complications. If such an incident should happen, the victims deserve fair compensation for the injuries they sustained. Earning that compensation is rarely as easy as it should be, unfortunately. For assistance, contact a trusted Nashville birth injury lawyer.

Contact Us for Guidance After Any Injury

At the Law Offices of Daniel L. Clayton, serving middle Tennessee, you can meet with me to get the representation you deserve in a timely and effective manner. In my extensive experience in these cases, I have helped make families whole again through a wide variety of cases. My legal experience sets me apart in our legal market. I’m dedicated to the families of Nashville and focus on getting what you deserve after life-altering injuries.

Common Medical Errors Leading to Birth Injuries

Nashville offers numerous maternal health services through hospitals like Vanderbilt University Medical Center, TriStar Centennial Women’s Hospital, and St. Thomas Midtown. Other options include midwife practices such as Nova Midwives, which provide prenatal, postpartum, and lactation support. Locals rely on their healthcare providers to provide quality medical care during their labor and delivery.

Medical errors, or medical malpractice, happen when a healthcare professional fails to meet the standard of care required of them during labor and delivery, directly causing harm to an infant. For a successful case, you must show:

• The healthcare professional owed a duty to provide reasonable care.
• The healthcare professional failed to meet their standard of care.
• The breach of duty caused their patient’s injury.
• Their patient suffered damages for which they can be compensated.

Birth injuries can result from avoidable human errors, such as:

• Failing to monitor fetal distress. A delayed response to signs of fetal distress, such as an abnormal heart rate, can lead to oxygen deprivation and brain damage.
• Improper use of delivery tools. Improperly using forceps or vacuum extractors can cause skull fractures, brain bleeds, or nerve damage.
• Delayed C-sections. A failure to perform a timely C-section when signs of complications, such as fetal distress or a breech position, are present can result in injury.
• Medication errors. Incorrectly administering drugs like Pitocin can cause overly strong contractions, reducing oxygen flow to the baby. Additionally, administering incorrect or dangerous medications can cause harm.
• Improper handling during a delivery. Applying excessive force, twisting, or pulling during delivery can cause nerve damage (like Erb’s palsy) or spinal cord injury.
• Failure to diagnose complications. Not properly identifying and managing maternal conditions like preeclampsia or gestational diabetes can lead to complications during delivery.

These preventable mistakes can cause injuries, including: 

• Cerebral palsy. Often caused by oxygen deprivation during birth.
• Hypoxic-ischemic encephalopathy (HIE). Brain damage resulting from a lack of oxygen and blood flow to the brain.
• Shoulder dystocia. An obstetric complication that occurs when the baby’s shoulders become stuck during vaginal delivery.
• Facial paralysis. Facial paralysis in newborns, often due to birth trauma, is a condition where pressure on the seventh cranial nerve during delivery causes temporary or permanent loss of voluntary muscle movement on one side of the face.
• Fractures, including skull fractures. Most commonly, the collarbone can be broken during a difficult delivery.
• Brachial palsy. Brachial palsy is a birth injury caused by damage to the network of nerves that control the shoulder, arm, and hand.
• Erb’s palsy. Caused by damage to the brachial plexus nerves, frequently from using excessive force or improper use of forceps. There are almost 12,000 cases of Erb’s palsy in the U.S. per year.
• Hemorrhaging. Hemorrhage can be a birth injury resulting from trauma or complications during delivery, leading to a brain bleed or bleeding under the scalp.
• Nerve damage and injuries. Including facial paralysis or damage to the nerves controlling the arms.
• Cephalohematoma. Swelling or bleeding on the baby’s head, often due to the use of vacuum extractors or forceps.

This is not a complete list, and if you believe your child suffered a serious injury during their birth, please reach out to the Law Offices of Daniel L. Clayton to discuss what happened. There is a one-year statute of limitations for parents bringing a claim for birth injuries in Tennessee, so it’s important to file a claim as soon as possible. Right away, we can meet with you and start investigating the incident.

Call a Nashville Birth Injury Attorney

My goal as your Nashville personal injury lawyer is to resolve things as quickly as possible without sacrificing the quality of the outcome in your case. While negotiations can be the most effective route to achieve this goal, I am prepared to fight for you through litigation if that is what it takes to defend your legal interests.

When you hire a lawyer, they can investigate and build your case. The type of injury a child suffers determines how much compensation they need to cover the costs of the incident. At my office, we can review records and consult with a medical expert to determine the full value of your case and calculate your damages. Reach out to hear more about your specific claim.

FAQs About Nashville, TN Birth Injury Laws

What Kinds of Damages Are Available for Birth Injuries in Tennessee?

With a winning claim, there are several different kinds of damages that you can pursue for a birth injury in Tennessee, including:

• Economic damages, like medical bills, therapy, or lost earning capacity
• Non-economic damages, such as pain and suffering or loss of enjoyment of life
• Punitive damages to punish egregious negligence, which is only available in rare cases

Contact an experienced Nashville attorney to further discuss the damages that may be available in your specific circumstances.

Are Birth Injuries Challenging to Prove in Tennessee?

Yes, birth injury claims are typically challenging to prove in Tennessee due to the high burden of proof required for medical malpractice cases and our state’s procedural requirements.

Also, they are challenging to try to prove alone, which is why it’s critical to retain an attorney familiar with how to prove causation in Tennessee, which requires establishing causation to a reasonable degree of medical certainty. Contact an attorney who can improve your likelihood of success with a birth injury claim.

Who Might Be at Fault for a Birth Injury Claim in Tennessee?

There are several parties that can be held liable for a birth injury in Tennessee, including:

• Doctors
• Nurses
• Anesthesiologists
• Hospitals
• Birthing centers
• Other medical staff

Liability typically arises from medical negligence, like misdiagnosis, improper use of medical tools, or inadequate care during a delivery. Hospitals can be held liable for the actions of their employees. It’s the role of your attorney to ensure all responsible parties are included in your claim.

What Should I Ask an Attorney I’m Considering Retaining at an Initial Consultation?

There are many important questions to ask an attorney at your initial consultation. You should ask about whether they routinely handle healthcare liability actions, their track record for cases like yours, their strategy for your case, their communication style, services and fees, and the expected outcome for your case. You should ask the attorney how many cases like yours the attorney has actually tried to a jury. I am a Fellow in the American College of Trial Lawyers and the International Academy of Trial Lawyers. Only lawyers with a great deal of trial experience and have received outstanding results are eligible to become a Fellow in these organizations.

Hire a Birth Injury Lawyer Serving Nashville – Connect With the Law Offices of Daniel L. Clayton Right Away

To discuss your legal options and hire a birth injury lawyer in Nashville, call the Law Offices of Daniel L. Clayton. For more than 38 years, I have helped families pursue the maximum compensation possible after life-altering birth injuries. It’s hard to find the right lawyer, but I provide legal and emotional support.

Even when a hospital offers a settlement to a family, it is likely that the first offer does not reflect the lifetime of consequences that your newborn may likely face. I can act on your behalf to maximize your compensation while you focus on recovering from your incident. All you need to do is contact my office to schedule your initial consultation today.