Birth Injury Lawyer in Johnson City TN
The birth of a child should be one of the most joyous events in a family’s life. However, when the arrival of a baby coincides with a preventable birth injury, the occasion can become a source of immeasurable pain, stress, and anger. Any family whose birth story is marred by medical malpractice deserves an opportunity to seek justice.
The Johnson City birth injury lawyers at The Terry Law Firm have been helping the victims of catastrophic medical malpractice since 1960. Our decades of experience have given us the skills and knowledge necessary to hold negligent healthcare providers accountable for their failure to uphold the standards of their field. We understand that no amount of money can make up for what you have lost, but the financial support you receive through a successful claim can help you manage the long-term consequences of your child’s injuries. Contact us today for a free consultation with a compassionate attorney.
Common Types of Birth Injuries in Johnson City
Some of the most common birth injuries in Johnson City include:
- Brain injuries – Cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and intracranial hemorrhage can occur due to oxygen deprivation during labor.
- Brachial plexus injuries – Erb’s palsy and Klumpke’s palsy affect the network of nerves controlling the arm and hand. These injuries often happen during difficult deliveries.
- Broken bones – Clavicle fractures, also called broken collarbones, frequently occur due to excessive force during delivery.
- Spinal cord injuries – Temporary or permanent paralysis can result from trauma to the infant’s neck and spinal cord.
- Peripheral nerve damage – Facial paralysis may occur due to improper use of forceps during delivery. Nerve damage can also affect a baby’s diaphragm, making breathing difficult.
These injuries can be catastrophic and affect the child for the rest of their life, requiring intensive medical support and expensive assistive equipment.
Common Causes of Birth Injuries
Top causes of preventable birth injuries in our area include:
- Negligent use of birth-assisting tools like forceps or vacuums during delivery
- Failure to perform a timely C-section when the baby is in distress
- Improper management of complications like umbilical cord issues or shoulder dystocia
- Failure to monitor the baby’s vital signs appropriately during labor
- Not responding quickly enough to signs of fetal distress
- Medication errors or improper administration of anesthesia
- Lack of informed consent from parents about risks
- Delayed response or poor emergency procedures
A Johnson City birth injury attorney can establish causal connections between the medical staff’s actions and your child’s health condition(s) by conducting a thorough investigation and consulting with medical experts.
Who Could Be Liable in a Johnson City Birth Injury Case?
Depending on the circumstances, any of the following parties may share liability in a Johnson City birth injury case:
- The doctors, nurses, and other hospital staff directly involved in the labor and delivery
- The hospital or birthing center where the delivery occurred
- An obstetrician who provided negligent prenatal care
- A pediatrician who treated the child after birth
- Manufacturers of defective medical devices used during delivery
- Testing labs responsible for erroneous prenatal test results
- Any specialists who were consulted but failed to prevent the injury
- Nurses who did not properly communicate fetal distress
- Hospital administrators responsible for staff oversight
Our Johnson City birth injury attorneys will identify all at-fault parties and hold each one accountable for their medical negligence.
Potential Compensation for Birth Injuries
A successful birth injury claim can potentially recover significant compensation for losses like:
- Past and future medical bills
- Supplemental healthcare costs, such as physical therapy, occupational therapy, speech therapy, and assistive medical equipment
- Future lost wages
- Physical pain and emotional distress
- Lost enjoyment of life
- Punitive damages in cases of malice, fraud, or recklessness
Tennessee places a cap on non-economic damages such as pain and suffering. In most cases, the maximum award is $750,000 per person. However, the cap increases to $1 million if the child suffers catastrophic injuries, including:
- Spinal cord damage
- Amputation of two hands or feet, or one of each
- Wrongful death
The state also stipulates a cap of $500,000 or twice the amount of compensatory damages, whichever is greater, for punitive damages. An experienced personal injury lawyer can help you understand how much compensation you may be eligible to recover in your birth injury case.
How Our Lawyers Can Help After a Birth Injury
Filing a claim against a medical professional or institution is a complex process. Doctors and hospitals have a vested interest in protecting their reputations and fight aggressively against any attempt to hold them accountable. A successful legal claim requires extensive resources, excellent negotiating skills, and a thorough knowledge of Tennessee medical negligence laws. The legal team at The Terry Law Firm can do it all.
Our Johnson City birth injury law firm understands what it takes to craft a successful medical malpractice case. Our personal injury lawyers will provide the legal support and advocacy you need by:
- Investigating the incident that caused the birth injury
- Identifying all at-fault parties
- Calculating the total value of your current and future losses
- Consulting with medical experts to establish a causal link between the healthcare provider’s actions and the newborn’s injury
- Negotiating aggressively with the hospital’s insurance company for maximum compensation
- Filing a lawsuit and going to trial, if that’s what it takes for the insurance company to make a fair settlement offer
Talk to Our Johnson City Birth Injury Attorneys Now
At The Terry Law Firm, we understand how a birth injury can turn a wonderful experience into a traumatic one. However, it is vital to remember that you have legal rights under Tennessee law. When you work with our experienced legal team, you can maximize your chances of securing a favorable outcome to restore your financial security and move forward with your life.
Our sympathetic attorneys are prepared to do everything possible to secure the accountability and justice you deserve. Call us today or contact us online for a free consultation with a Johnson City birth injury attorney.