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Memphis Forceps Delivery Injury Lawsuit

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Forceps are often used by doctors to facilitate delivery. Unfortunately, when used improperly, forceps can cause extensive damage to the child, including some that are permanent. If too much pressure is applied or forceps are applied unevenly, it could cause excessive strain on the baby’s head, causing brain swelling, compression of the head, skull fractures, tearing of brain vessels, and intracranial hemorrhages. As a result, the baby may suffer brain damage, brain stroke, cerebral palsy, seizure disorders, and intellectual and developmental delays.

Why are Forceps Used?

The use of forceps may be associated with child birth injury cases. Given the risk of using these metal tongs, the doctor may make an informed decision to use forceps to pull the baby out of the birth canal in the following conditions:

  • The mother is exhausted
  • The mother has a sudden hemorrhage
  • The mother is in second prolonged labor stage
  • The mother is suffering from high blood pressure, heart problem, or any other medical condition that makes pushing dangerous and difficult
  • The baby’s heart rate is abnormal
  • Certain drugs are being used that inhibit mother’s ability to push
  • There is breech delivery, wherein the baby’s legs/buttocks appear first during birth

The use of forceps has sharply declined; however, there are doctors that continue to use these instruments to facilitate delivery despite the risks associated with them. As a result, their actions may prove catastrophic for a child. The parents can file a forceps delivery injury lawsuit to prove the doctor’s negligence in delivering their baby safely.

Before using forceps, the physician must ensure that

  • The baby’s head is engaged
  • Forceps are correctly placed, without exerting too much pressure
  • The cervix is fully dilated
  • The fetal presentation and position is known – an ultrasound can come in handy if there is any doubt
  • The fetal size is accurately estimated with clinical dimensions
  • The mother’s bladder is empty and her anesthesia is satisfactory

Additionally, it is the duty of the doctor to explain the risks of the procedure to the mother and get her approval.

The Center for Disease Control statistics reveal that six out of 1,000 newborns are injured during birth every year in the United States. Any mistake during childbirth can cause potential harm to the baby and have life-long consequences.

What causes forceps injury during delivery?

Parents of the baby can file a Memphis forceps birth injury lawsuit against the erring doctor for negligence and deviating from the medical standard of care in delivering the baby safely. The doctor may not have undergone specialized training to use forceps during delivery. The medical practitioner may not have been able to keep updated with the developments in obstetric technology.

Our Memphis forceps birth injury lawyers have found that in some cases, the obstetrician was exhausted or inattentive while facilitating delivery of the child. Other common mistakes during the birthing process may include:

  • Application of excessive force
  • Incorrect use of forceps
  • Inability to recognize and address fetal distress
  • Oxygen deprivation to the fetus
  • Administration of incorrect drug dosage to the mother
  • Failure to perform a c-section when required

Please contact us on our website or call 1-800-632-1404 to have a free evaluation of your claim and consultation with our experienced Memphis forceps delivery injury attorney.

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A History of Tennessee Medical Malpractice Changes Since 2008

Memphis Medical Malpractice

There have been a number of changes to Tennessee Medical Malpractice law since the initial tort reform efforts began in 2008.  Here is an update:

2008 Amendment to Tennessee Medical Malpractice Act

In 2008, the Tennessee Medical Malpractice Act was amended, introducing new requirements into medical malpractice litigation. See Act of April 24, 2008, ch. 919, 2008 Tenn. Pub. Acts 434; see generally Rebecca C. Blair, Med-Mal Obstacles, 44 Tenn. B.J. 14 (2008). The 2008 amendment required a party initiating a medical malpractice claim to give sixty days‟ pre-suit notice to the implicated health care providers. See Tenn. Code Ann. § 29-26-121(a)(1) (Supp. 2008). Furthermore, the amendment contained a certificate-of-good-faith provision requiring a plaintiff filing a medical malpractice action, in which expert testimony was required, to file a certificate of good faith within ninety days of the filing of the initial complaint. Id. § 29-26-122. This certificate served to confirm that one or more experts had been consulted and provided a signed written statement of their belief that there was a good faith basis for filing the complaint. Id.

2009 Amendment to Tennessee Medical Malpractice Act

One year later, in 2009, the Act was again amended to clarify these new requirements. See Act of June 4, 2009, ch. 425, 2009 Tenn. Pub. Acts 472; see generally John A. Day, Med Mal Makeover: 2009 Act Improves on „08, 45 Tenn. B.J. 14 (2009). Tennessee Code Annotated section 29-26-121(a)(1) was amended to require that pre-suit notice only be given to persons or entities named as defendants in the action, see Tenn. Code Ann. § 29-26-121(a)(1) (Supp. 2009), and section 121(a)(2) was amended to specify what information was required to be included in the pre-suit notice. See id. § 29-26- 121(a)(2). Additionally, Tennessee Code Annotated section 29-26-122 was amended to require the filing of the certificate of good faith with the complaint instead of within ninety days after its filing. See id. § 29-26-122.

2011 Amendment to Tennessee Medical Malpractice Act

The Legislature then passed the Tennessee Civil Justice Act of 2011, further amending the Tennessee Medical Malpractice Act. See Tennessee Civil Justice Act of 2011, ch. 510, 2011 Tenn. Pub Acts 1505 (codified at Tenn. Code Ann. § 29-26-101 et seq. (Supp. 2011)). Notably, the Tennessee Civil Justice Act of 2011 amended the existing Tennessee Medical Malpractice Act by removing all references to “medical malpractice” from the Tennessee Code and replacing them with “health care liability” or “health care liability action” as applicable. See id. Furthermore, section 29-26-101 was added to the Code which defined “health care liability action” as “any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services to a person, regardless of the theory of liability on which the action is based.” Tenn. Code Ann. 29-26-101(a)(1) (Supp. 2011) (emphasis added). This same section went on to provide that “[a]ny such civil action or claim is subject to the provisions of this part regardless of any other claims, causes of action, or theories of liability alleged in the complaint.” Id. § 29-26-101(c).

For help with a Memphis, Tennessee Medical Malpractice case evaluation, please call us today at (800) 632-1404.

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Birth Trauma: A Guide To Evaluate Traumatic Birth Injury Claim

Memphis birth trauma

Birth trauma is an umbrella term used to denote injuries to the mother and infant that occur during child birth. Physical pressure, mechanical forces, and medical malpractice during the birth process carry the potential to cause cuts, fractures, organ and tissue damages and other injuries. Traumatic birth injury also includes the long term consequences felt due to non-congenital birth injuries at the time of delivery, such as cognitive impairment.

Types of Traumatic Birth Injuries

At least 5 percent mothers are diagnosed with post-traumatic stress disorder. While non-congenital injuries accompany 2 percent births in the United States about 29 in every 1,000 babies suffer from birth injury trauma mostly attributed to poor use of instruments or improper handling of a newborn by doctors or other medical staff. The most common and reported types of traumatic birth injury include the following.

  • Bell’s Palsy: Also known as facial palsy, this was caused by injury to infant’s facial nerve. Use of forceps, excessive mechanical force, and pressure during birth canal passage can be the reasons. If the nerve is torn, surgery can be only option.
  • Brachial plexus injury: Tugging bay’s shoulder too tightly to extract it during the delivery may cause injury to the nerve plexus connecting spinal cord with upper extremities. The injury cause impaired arm movement.
  • Oxygen deprivation: Attributed to delayed delivery, umbilical cord entanglement, or premature placenta breakdown, this condition is a cited in many birth trauma lawsuit claims. Oxygen deprivation leads to cognitive disorders, brain damage, cerebral palsy, and number of impaired motor functions.
  • Fractures: Most common birth trauma injuries, fractures occur due to excessive use of birth tools, doctor negligence, dropping of the newborn, and use of improper physical force during delivery.
  • Scalp bruising: Known as caput succedaneum in the medical annals, the condition is attributed to use of vacuum extraction during the delivery. This more likely during long and difficult labor or when the baby’s head passes unprotected through the birth canal.
  • Lumps in the head: Cephalohematoma or lumps in the head is attributed to blood buildup around the skull. Unless treated, these temporary lumps may result in jaundice.
  • Bruising and broken bones: Physical and mechanical stress result in bruising in the head, face, and other areas of an infant’s body. As the child passes through the birth canal, it may get struck in the pelvis and incur injuries to bones, especially when birth-assisting tools are excessively used or the baby is tugged forcefully.
  • Forceps injuries: Marks of forceps on head, face and other body parts of the baby may occur when too much pressure is exerted using them.
  • Failure of doctors to be cautious despite knowing a preexisting risk
  • Failure to ensure required medical treatment soon after the child birth
  • Botched c-section delivery

Do I Have A Birth Trauma Injury Lawsuit?

Every year hundreds of birth trauma claims are filed claiming error during the delivery process. No doubt birth trauma is avoidable with risk analysis and implementation of protective measures in the light of existing conditions.

A significant percentage of child birth injury lawsuits involve harms to newborns linked to errors, such

  • improper use of medical equipment
  • error in treating fetal distress and preventing oxygen distress
  • error in diagnosing uterine rupture
  • inappropriate treatment of postpartum hemorrhage
  • delay in performing cesarean section
  • misreading of conditions and symptoms
  • failing to detect placental abruption timely
  • violation of the standard care for obstetrical patients
  • failing to identify and treat preeclampsia timely

Pease contact us or call on 1-800-632-1404 to have a free evaluation of your claim and consultation with our experienced birth injury attorney.

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Birth Trauma Lawsuit Over Delayed, Botched C-Section Delivery

Memphis birth trauma lawsuit

A delayed or botched c-section or cesarean delivery is a common cause of child birth injury providing potent ground for the filing of a birth trauma lawsuit. About 30 percent of all child births are done using this procedure, including planned and unplanned cesarean birth. The procedure when delayed or not followed with standard care practices is likely to cause injuries to both mother and child. Our team of Memphis birth injury attorneys are familiar with many instances where negligence by doctors during the birthing process resulted in mothers and children suffering from unnecessary, avoidable yet serious trauma and harms.

What is c-section delivery?

Cesarean or c-section delivery is a surgical process of child birth. The child delivery is assisted through incisions in the abdomen and uterus of the mother. The entire process takes about 30 minutes and is normally considered safe, but delaying the c-section delivery or failing to perform it with care may cause acute fetal distress, oxygen deprivation, serious birth trauma, and surgical injury. Many birth trauma lawsuits filed highlight the fact that doctors erred in calculating the need and time of c-section delivery and this resulted in injuries to child.

Why is c-section delivery performed?

Doctors may perform a planned cesarean delivery when a number of factors are present, including:

  • the mother suffers from an infection with potential to affect the baby
  • the baby is in head-down position in the womb
  • weakness of the mother causing normal delivery difficult
  • the womb has more than one baby
  • the mother had a prior cesarean delivery

Doctors may elect for emergency c-section delivery if there is any life threat to both mother and baby due to sudden complications, onset of fetal distress, inordinate delay in labor, or the baby is choked by the umbilical cord. C-section delivery injury may occur in both planned and unplanned cases. During planned c-section, negligence and negligent surgical procedure cause injury while delay proves fatal in case of emergence caesarean. Interestingly, the majority of c-section delivery injury claim evaluations done by our Memphis birth injury attorney pertains to planned caesarean deliveries.

What are impacts of delayed and botched c-section delivery?

Injuries to Child: Thee are potential reasons for the filing of a C-Section Birth Trauma Lawsuit

  • Scarring, physical injuries, bruises, lacerate, abrasions
  • Forcep injuries
  • Brachial plexus injury
  • Fetal oxygen deprivation
  • Cerebral palsy and Erb’s Palsy
  • Baby get struck in the birth canal
  • Premature birth due to too early c-section
  • Wrongful death

Injuries to Mother: Thee are potential reasons for the filing of a C-Section Birth Trauma Lawsuit

  • Excessive blood loss
  • Post-partum hemorrhaging
  • Unplanned hysterectomy
  • Infections
  • Wrongful death
  • Blood clots
  • Bladder and bowel injuries
  • Anesthesia error
  • Incision scar braking open

Does delayed c-section delivery constitute medical malpractice?

The short answer: it can be.  C-section delivery is a surgical process and doctors must be well aware of the standard of care and be ready to act to save the mother or baby from any avoidable injury. If negligence in or during the surgery leads to any unnecessary injury to the child or mother, there may have been medical malpractice.

Time is critical during caesarean delivery. As per the American College of Obstetrics and Gynecology, c-section should be made within 30 minutes while such procedures necessitated by obstetrical emergencies must be done much sooner than 30 minutes to save the child. Delaying may cause c-section delivery injury, including permanent child brain damage or death. Thus, the failure to make rapid response or follow proper medical protocol can be medical negligence in Memphis, Tennessee.

Birth trauma may result in broken bones, injury to internal organs, and lesions in babies. Mothers may have infection or sepsis. Oxygen deprivation often causes damage to brain or death of the baby.

Please contact us or call us toll free at 1-800-632-1404 to have a free evaluation of your claim and consultation with our experienced Memphis birth injury attorney.

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Tennessee Birth Trauma Medical Malpractice Claim

Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404
Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404

Free Tennessee Medical Malpractice Attorney Consultation: CALL TOLL FREE 1-800-632-1404

A recent birth trauma lawsuit filed by a Tennessee mother claims that medical malpractice during the cesarean procedure resulted in injuries to her child. The child suffers from neurological problems and partial paralysis in his upper arms due to an injury traced to the use of vacuum-assisted equipment. Errors by the doctor at the Knoxville hospital led to brachial plexus injury when “he pulled on the infant’s shoulders during head-first delivery,” alleges the Tennessee birth injury attorney representing the family.

 

Parents are forced to plan lifelong care to ensure that their children’s life remain unperturbed by birth injuries and silently suffer from trauma notwithstanding how successful is their birth trauma lawsuit in securing financial and punitive damages from the erring doctors and medical facilities. As one example, a recent court order approved $18.3 million in damages to a mother who filed a child birth injury lawsuit over medical errors during delivery at T.J. Samson Community Hospital.  Her child suffered brain injuries.

 

Most Prevalent Birth Injury Trauma Instances

  • Injuries due to delayed c-section
  • Forcep-related injuries
  • Preeclampsia
  • Cerebral palsy
  • Injuries linked to vacuum extractor delivery
  • Erb’s palsy
  • Severe bruises or hemorrhage
  • Skull or brain injury during delivery
  • Klumpke’s palsy
  • Brachial plexus injury
  • Fetal asphyxia
  • Stillbirth
  • Postpartum posttraumatic stress disorder
  • Spinal-cord injuries or facial paralysis in newborns
  • Bone fractures
  • Umbilical cord strangulation
  • Internal bleeding

Why Is It Medical Malpractice?

 

About 28,000 instances of child birth injury caused by hospital and doctor errors are reported every year in the United States. The American College of Obstetricians and Gynecologists recognizes the fact that medical malpractice is the primary cause of birth trauma. Violation of the standard procedure during C-sections and the failure of doctors to respond timely and properly are the most notable reasons for fetal distress and oxygen deficiency in a fetus, a fact that any birth injury attorney in Tennessee supports.

 

You have a potential case to file alleging birth trauma medical malpractice lawsuit when the hospital or doctors are guilty of

  • violating the standard of care for obstetrical patients
  • delay in performing cesarean sections
  • wrong prescription or administration of drugs, including pitocin
  • error in diagnosing uterine rupture
  • injuries linked to medical equipment
  • failing to identify and treat preeclampsia timely
  • error in treating fetal distress
  • misreading of conditions and symptoms
  • failing to detect placental abruption timely
  • inappropriate treatment of postpartum hemorrhage

 

Improper use of medical equipment and medication faults cause umbilical cord problems, internal bleeding, shock, perineum tear, placental retention, and other emergency needs with potential to result in birth injuries. Submissions by Tennessee birth injury lawyers in various cases highlight that “doctors are often too forceful with birthing tools,” which increase the risk of injury. There are many birth trauma lawsuits filed alleging that forceps or vacuums improperly employed causing “the infant’s shoulder becomes stuck on the mother’s pelvic bone” or other serious injuries to both mother and child, such as Erb’s Palsy, shoulder dystocia, or Klumpke’s palsy.

Oxygen deprivation, attributed to failure to monitor the fetus appropriately and slow medical response, is the reason for cerebral palsy and brain damage. A significant percentage of child birth injury lawsuits evaluated by Tennessee lawyers involves harms to child linked to deficiency of oxygen.

 

We have years of experience in dealing with birth trauma lawsuits that have resulted in compensation for plaintiffs Pease contact us or call 1-800-632-1404 to have a free evaluation of your claim and consultation with our experienced Tennessee birth injury attorney.

Contact a Tennessee Medical Malpractice Lawyer

If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.

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    Tennessee Medical Malpractice Attorney Explains Potential Birth Injury Lawsuit

    Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404
    Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404

    Free Tennessee Medical Malpractice Attorney Consultation: CALL TOLL FREE 1-800-632-1404

    What Are Grounds for a Birth Injury Medical Malpractice Lawsuit?

    Improper, delayed, or wrong diagnosis during pre and post-natal stages may lead to birth of children with injuries. Consult a Tennessee birth injury lawyer to file a birth injury lawsuit, when the claimed condition is traced to the negligence of a hospital, doctor, or medical staff. Such birth injuries listed during Tennessee medical malpractice litigation over the years include:

    • Wrongful death during child birth
    • Cerebral palsy or brain damage suffered by the newborns during child birth
    • Injury to child or mother during cesarean intervention
    • Health problems to mother or baby during child birth
    • Birth defects caused by delayed or wrongful medical action
    • Wrongful pregnancy following medical advice
    • Medical negligence leading to excessive maternal bleeding
    • Medical negligence causing pre-and-post-delivery disorders

    Who Can I Name as Defendants?

    A Tennessee birth injury lawsuit is a type of medical malpractice lawsuit, and it can be filed against hospitals, doctors, and paramedical staff. A hospital can be liable for the actions of some doctors and medical staff employed by it and acting in their capacity as employees. However, if a doctor deviates from the standard of care, he can also be held liable and sued for birth-related medical malpractice.

    What Are the Chances of Settlement?

    Without question, some Tennessee birth injury lawsuits are settled out of court. Others proceed to trial, where in recent years there have been both verdicts for the Defendants and for the injured.  Both parties have the option to seek mediation and try to settle the case while the case is proceeding.  As every case is different, a Tennessee birth injury attorney can explain the settlement and verdict possibilities for your case.

    Do I Need an Expert Witness During Trial?

    All Tennessee birth injury lawsuits claiming medical malpractice must present a supporting statement of an expert, which is a competent person with adequate technical knowledge in the field. The medical expert is also required to give his testimony before the jury. Tennessee medical malpractice lawyers help clients get unfailing expert testimony by experienced doctors from states that touch the state of Tennessee (e.g. Arkansas, Missouri, Kentucky, Virginia, North Carolina, Georgia, Alabama and Mississippi).

    What Are the Different Types of Compensations To Be Claimed?

    Plaintiffs filing Tennessee birth injury lawsuits citing medical malpractice can claim the following types of compensations.

    • General damages covering wrongful death, physical injuries, economic losses, reimbursement of past medical expenditure, future medical cost, and loss of employment.
    • Financial damages to compensate suffering, agony, emotional disturbance, and loss of family life.
    • Special compensation for any temporary or permanent economic and non-economic losses subject to jury approval.
    • Punitive damages awarded to the plaintiff and collected as fine from the defendant to prevent occurrence of such incidents in the future.

    What Is the Maximum Compensation a Tennessee Medical Malpractice Birth Injury Lawsuit Can Seek?

    The state law stipulates maximum compensation limit of $750,000 for non-economic damages and $500,000 for punitive damages sought in a Tennessee medical malpractice lawsuit. You should discuss the specific types of damages available in your case with a Tennessee birth trauma lawyer.

    A few years ago, a Tennessee birth injury medical malpractice lawsuit resulted in $33.5 million awarded to a couple, who had sued a state hospital claiming medical malpractice. It was found that their infant had cerebral palsy attributed to emergency C-section performed during the child birth. The jury while considering the Tennessee medical malpractice lawsuit agreed with the plaintiff’s contention that doctors failed to perform the cesarean intervention in time and it caused severe fetal distress and deprived the infant of adequate oxygen. The baby suffered from brain damage because of the delayed action and now has to live with restricted mobility and bodily functions for life.

    What is the Statute of Limitations for a Tennessee Medical Malpractice Birth Injury Lawsuit?

    Parents should be prepared to file medical malpractice lawsuits citing birth injury in Tennessee within a year of discovery of the injury. The claim must be filed within three years from the date of occurrence.

    Please contact us or call on 1-800-632-1404 to have a free evaluation of your birth injury claim and consultation with our experienced Tennessee medical malpractice lawyer in Memphis, Nashville or beyond.

    Contact a Tennessee Medical Malpractice Lawyer

    If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.

    CALL: 1-800-632-1404

    FILL OUT THIS FORM FOR FREE HELP:

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      FAQ On Tennessee Medical Malpractice Lawsuit For Misdiagnosis

      Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404
      Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404

      Free Tennessee Medical Malpractice Attorney Consultation: CALL TOLL FREE 1-800-632-1404

      What Is A Tennessee Medical Malpractice Lawsuit on Misdiagnosis?

      Consult a Tennessee medical malpractice lawyer to file a misdiagnosis lawsuit when there is evidence linking diagnostic errors to injury and adverse impacts on health. Human error (by doctors and the medical staff) is a leading cause of injury in the state and hundreds suffer every year due to wrong or delayed diagnosis of illness. This causes patients to endure worsening conditions and side effects of erroneous treatment. “Medical malpractice is the third single cause of death after heart attack and cancer,” claims the Journal of the American Medical Association.

      What Are The Different Types of Medical Malpractice Misdiagnosis?

      About 12 million US residents suffer due to misdiagnosis every year. The following conditions are considered to be fit for filing misdiagnosis litigations claiming medical malpractice in Tennessee.

      • Wrong diagnosis or failure to identify the existing illness and mistaking it for some other health problem. A doctor can be liable, for example, when he mistakes a heart attack as gastric distress or a cancerous tumor as benign.
      • Missed diagnosis or the failure of a doctor, pathology lab, or hospital to diagnose any existing health problem of a patient and declaring him healthy and free from illness.
      • Delayed diagnosis or the failure of a doctor or hospital to act within a reasonable time frame to diagnose the health condition. Significant delay in prescribing proper treatment or acting on diagnostic reports can lead to hospitals and their staff being sued for medical malpractice in Tennessee.
      • Diagnosis error or failure to identify health complications. This occurs when doctors err in recognizing the disease complications despite correct diagnosis and such errors aggravate the illness.
      • Error in diagnosing related illness or failure to recognize diseases as result of the existing illness.

      What is the Statute of Limitations for Filing Misdiagnosis Lawsuits?

      A Tennessee medical malpractice lawsuit for misdiagnosis must generally be filed within a year, although there are exceptions.  You should discuss the statute of limitations with a Tennessee medical malpractice lawyer.

      Who Can Be Sued?

      Collect all your records prior to visiting your Tennessee medical malpractice lawyer for evaluation of your claim. Hospitals, nursing homes, pathology labs, doctors, or medical staff can be held liable for misdiagnosis. However, prior to filing a Tennessee medical malpractice lawsuit, the plaintiff must provide evidence that

      • the defendant had a duty to ensure proper diagnosis
      • the defendant was negligent in his duty causing medical malpractice
      • the negligence is the cause of misdiagnosis
      • the medical malpractice caused the patient damages

      What Are Damages I Can Seek?

      Plaintiffs filing a Tennessee medical malpractice lawsuit citing misdiagnosis can claim a range of compensations, including

      • Damages for wrongful death, injury, pain, and suffering
      • Recovery and reimbursement of past and future medical expenditure
      • Damages for loss of family life and emotional disturbance
      • Damages for loss of employment
      • Disability compensation
      • Punitive damages

      More than $3 billion was awarded by US courts in 2012 as medical malpractice compensation. On an average, there was one award in every 45 minutes.

      Contact a Tennessee Medical Malpractice Lawyer

      If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.

      CALL: 1-800-632-1404

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        Memphis Medical Malpractice Attorney Advocates Greater Awareness in 2015

        Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404
        Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404

        Free Tennessee Medical Malpractice Attorney Consultation: CALL TOLL FREE 1-800-632-1404

        With errors by doctors and hospitals becoming endemic, 2014 was an eventful year for any Memphis medical malpractice attorney. The latest statistics hint at a steady decline in Tennessee medical malpractice lawsuits over the last five years, from 537 in 2008 to about 350 in 2014. However, the growing population and financial pressure continue to impact the quality of care enhancing the possibilities for medical mistakes.

        According to the Institute for Healthcare Improvement, at least 15 million U.S. patients suffer deteriorating health conditions, injuries, and financial losses due to medical malpractice every year. An estimated 400,000 Americans (2013 figure) are victims of wrongful death because of errors by doctors, claims a report in the Journal of Patient Safety. In 2013, out of 370 lawsuits filed, only 24 went for trial and Tennessee medical malpractice lawyers obtained compensation awards averaged at $349,354.38.

        Medical malpractice claims in Tennessee have reduced in number following the adoption of “the notice and certificate of good faith statutes” in 2008. But still over 3,000 cases are pending at year end with over 400 lawsuits settled out of court each year.

        Medical Malpractice: Most Common Examples

        The most common claims against doctors, hospital, or diagnostic centers that plaintiffs submit for evaluation by a Memphis medical malpractice attorney include

        • Wrongful death due to medical error
        • Surgical mistakes
        • Surgical injuries (intraoperative)
        • Failure of doctors to foresee post-operative complications
        • Wrong or delayed diagnosis
        • Failure to diagnose in time
        • Prescription drugs that caused side effect injuries
        • Hospital infections, slip and fall injuries
        • Anesthesia error
        • Failure of doctors to read diagnostic reports correctly
        • Improper diagnostic reports
        • Failure to foresee a medical condition
        • Birth injuries during delivery
        • Wrong or superficial surgery
        • Lack of emergence care or standard of services

        Please contact us or call on 1-800-632-1404 to have a free consultation with our experienced Memphis medical malpractice lawyers.

        Contact a Tennessee Medical Malpractice Lawyer

        If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.

        CALL: 1-800-632-1404

        FILL OUT THIS FORM FOR FREE HELP:

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          Tennessee Medical Malpractice Attorney Explains Erroneous Surgery Lawsuit

          Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404
          Call a Tennessee Medical Malpractice Attorney @ 1-800-632-1404

          Free Tennessee Medical Malpractice Attorney Consultation: CALL TOLL FREE 1-800-632-1404

          Surgical errors and post-operative complications make up a large number of claims that a Tennessee medical malpractice attorney evaluates every year. Almost a third of all lawsuits filed against hospitals and doctors in Tennessee involve mistakes ranging from ill-advised procedures to adverse health conditions following surgeries. These medical malpractice litigations are also among those with the highest compensation awarded.

          In 2012, a Nashville family was awarded $2o million following the filing of a Tennessee medical malpractice lawsuit. The 45-year-old victim experienced severe complications after he underwent surgery for kidney stones. He was subject to a full-blown infection and died of cardiac arrest within hours. The family of the deceased claimed wrongful death and linked it to surgical errors. The jury found that the anesthesiologist from Metropolitan Anesthesia Alliance violated the standard of care and ordered him to pay $14 million or 70 percent of the total award.

          In another Tennessee medical malpractice claim, the jury awarded $6.12 million after the plaintiff’s lawyer successfully established that a gastroenterologist caused a patient’s death. Thirty-three-year-old Kristen Freeman was suffering from continued bowel problems. She had endoscopy and colonoscopy procedures at a Hamilton County hospital. The complications arising from erroneous surgery led Freeman to suffer from permanent brain damage.

          According to her Tennessee medical malpractice attorney, an intestine perforation during the surgery caused her to have severe pain and vomiting. The gastroenterologist, who performed colonoscopy, prescribed Freeman anti-nausea medications to overcome the health problem. However, the patient had a stroke on the very next day that left her with severe brain damage.

          Tennessee Medical Malpractice: What Constitutes Surgical Error

          The most viable grounds for medical malpractice claim against surgical mistakes include,

          • Wrong surgery
          • Surgical error leading to death
          • Error during surgical procedure
          • Surgical instruments or foreign objects left behind in the body
          • Post-surgery infections
          • Use of contaminated equipment
          • Improper anesthesia dosage administration
          • Peripheral nerve or organ damage during surgery
          • Failure to warn of associated risks
          • Failure to ensure effective post-surgical treatment
          • Surgery despite existing of risk conditions

          The Statute of Limitations

          Any Tennessee medical malpractice lawsuit seeking liability for surgical error must be filed within the time stipulated under the state statute of limitations. Generally one-year is allowed for medical malpractice actions arising from surgical mistakes. Surgical mistake lawsuits must be filed within a year from the date of surgery.

          Tennessee Medical Malpractice: Compensation

          Extent of Compensation

          The extent of compensation depends on the extent of injuries and legal liability. Usually, a Tennessee medical malpractice attorney seeks for his or her client three types of compensation against surgical mistake, including:

          • Compensatory damages for actual costs incurred on treatment and tangible economic losses
          • Non-economic damages for suffering, disability, pain, and such other intangible losses
          • Punitive damages for liability of the defender causing the suffering of the plaintiff

          The changes in the state law cap punitive damages at $500,000 for minor surgical mistakes and $1 million for major surgical mistakes claimed by a Tennessee medical malpractice lawyer for his client.

          The Comparative Fault Law

          Tennessee medical malpractice lawsuits are subject to modified comparative fault provision. It stipulates the following conditions.

          • Compensation is granted for surgical mistake seeking medical malpractice in proportionate to the negligence or fault of the plaintiff and the defender.
          • The defender must be 51 percent responsible for the health condition to compensate the plaintiff.
          • If the plaintiff is 50 percent or more liable, he recovers nothing.

          Please contact us or call on 1-800-632-1404 to have a free evaluation of your surgical error claim and consultation with our experienced Tennessee medical malpractice attorney in Memphis.

          Contact a Tennessee Medical Malpractice Lawyer

          If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.

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            Posted on

            Memphis Medical Malpractice Lawsuit Over Wrongful Birth

            Memphis medical malpractice lawyer for wrongful birth.
            Memphis medical malpractice lawyer for wrongful birth.

            FREE CONSULTATION, CALL TOLL FREE 1-800-632-1404

            Wrongful birth lawsuits claiming hospital and doctor negligence during child birth are among the most common claims that a Memphis medical malpractice lawyer is consulted for evaluation. Welcoming a new member to the family is one of the happiest moments for a family. However, medical negligence causing delayed or wrongful delivery could have catastrophic effects and result in birth defects, including brain injury, to newborns. A birth injury medical negligence has huge legal implications as it becomes life-changing factor and huge burden for parents to rear the child and they must be compensated by hospital or doctors responsible for this state of affairs.

            In July 2014, a couple filed a birth injury lawsuit seeking over $40 million in damages. Their son was born with cerebral palsy attributed to negligence by doctors during pregnancy and delivery. He sustained injuries that resulting in neurological disorder impacting cognitive functions and brain-body coordination. Set for January 2015 trial, it named three hospitals and three doctors as defendant.

            Another hospital error lawsuit claiming medical malpractice during child birth led to $12.9 million awarded to parents of a girl last month. The child suffered from disfigurement that restricts her left arm due to mistakes by doctors at the time of birth. Nerves connecting the right arm were severed during the emergency procedures performed to free the organ struck in the mother’s pelvic bone five years ago. The victim had multiple surgeries and now has to live with permanent disability.

            Most Reported Wrongful Birth Injuries

            Wrongful birth has turned to be a legal catchword to connote all types of injuries caused by medical negligence during child birth. Memphis medical malpractice lawyers are approached by aggrieved parents to evaluate hospital error claims leading to following types of birth injuries.

            Cerebral Palsy: This type of neurological injury caused by medical negligence during or just after birth, such as prenatal infection, bleeding, choking or abnormal brain development results in impaired brain function and cognitive ability in babies.

            Erbs Palsy: Botched delivery process in the absence of adequate precaution results in the child’s shoulder get struck in mother’s pelvic cavity. This damages nerves on shoulder, arm or hand of children causing paralysis or cognitive impairment.

            Pre-Eclampsia: Failure of doctors to diagnose fluid retention, high blood pressure, and protein level may cause the child and mother to suffer from life-threatening seizure, cerebral hemorrhage, liver disorders, and clotting

            Klumpke’s Palsy: Negligent cesarean delivery may disrupt the nerves on the neck and cause muscle paralysis.

            There are a number of potential causes of wrongful birth and medical malpractice during the birth of a child, including:

            • Failure of doctors to anticipate infection or complications
            • Medical negligence in responding to fetal distress
            • Post-natal complications attributed to mistakes during prenatal or delivery stage
            • Violation of standard delivery practices or inappropriate c-section
            • Anaesthesia errors
            • Failure to warn parents of potential risks or monitor symptoms
            • Incorrect drug or dosage prescription
            • Surgical errors during delivery

            Pease contact us or call on 1-800-632-1404 to have a free consultation with our team of Memphis medical malpractice lawyers.

            Contact a Tennessee Medical Malpractice Lawyer

            If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.

            CALL: 1-800-632-1404

            FILL OUT THIS FORM FOR FREE HELP:

              Your Name (required)

              Your Email (required)

              Your Phone Number (required)

              Case Details

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