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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.
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