As an expectant parent, you approach the due date of your child's birth with excitement. It is one of the happiest days of any parent's life. However, in some cases, there is a dark cloud over that enjoyment because the child is harmed during the delivery. If you have experienced this, you may wonder if it is worth contacting a birth injury lawyer in Knoxville to take legal action. Let's look at some indicators that you could have a viable birth injury lawsuit on your hands.

What is Birth Injury?

Let's start by defining a birth injury in terms of the law. A birth injury occurs when the baby, or in some cases, the mother, is injured during labor and delivery. Adverse conditions usually cause these injuries during or immediately after delivery. Some examples might include fractures or bruising due to improper use of forceps or lack of oxygen due to inappropriate monitoring. Birth injury is not the same as a birth defect, which usually occurs before birth and is caused by genetics rather than any misconduct on the doctor's part.

Common Types of Birth Injury

Birth Injury can cover a wide range of injuries, but some of the most common ones we see as a birth injury lawyer in Knoxville includes:

  • Brachial Plexus Injury - The nerves in the brachial plexus control the shoulders, arms, and hands. During delivery, it is possible for this to stretch or tear, resulting in weakness and restricted mobility.
  • Subconjunctival Hemorrhage - During a long or particularly strenuous delivery, infants may suffer from ruptured blood vessels in the eyes. This usually clears up after a few weeks but can result in blindness or seizures.
  • Cerebral Palsy - When the umbilical cord is not managed correctly, or in the event of a placenta or uterine rupture, an infant may develop cerebral palsy, which can affect motor function and cause a lifelong disability.
  • Spinal Cord Injury - Spinal cord injuries in newborns are more likely in the neck and can result in loss of sensation and muscle weakness.
  • Hypoxic Ischemic Encephalopathy - HIE is a loss of brain function as a result of oxygen deprivation or lack of blood flow. It can result in a variety of cognitive issues, including epilepsy, developmental delay, or cerebral palsy.
  • Cephalohematoma - When excessive pressure is placed on the skull, usually through the use of forceps or vacuum extraction can cause the pooling of blood between the skull and the skin. This can result in swelling and pain and may increase the risk of seizures.
  • Caput Succendaneum - This swelling in the scalp due to a build-up of fluid can create a cone shape to the head. Mild cases may resolve themselves without intervention, but more severe cases can result in alopecia or jaundice.
  • Bone Fractures - Fractures of the collar bone are some of the most common, usually accompanied by shoulder dislocation. However, in some more traumatic deliveries, there may also be arm and leg fractures.

Are All Birth Injuries Grounds For a Lawsuit?

Birth injury is considered a type of medical malpractice. For a birth injury lawyer in Knoxville to take your case, you will need to be able to prove that malpractice or negligence took place. In some cases, the injury may not be significant enough to file a lawsuit, or the birth injury may be a result of a known risk and therefore have been unavoidable. When you consult with a birth injury lawyer in Knoxville, they will be looking for three criteria to proceed with a lawsuit. The criteria include the following:

  1. There must be evidence that the medical provider did not meet an appropriate standard of care.
  2. The failure to provide adequate care must directly cause the birth injury.
  3. The injury and/or damages must be significant.

If you are still determining whether or not you meet these criteria, it is best to consult with a birth injury lawyer in Knoxville to find out. Don't leave yourself wondering 'what if' or end up missing out due to the statute of limitations running out. Even if a birth injury lawyer in Knoxville believes you cannot pursue a lawsuit, having the consultation will give you peace of mind regarding the situation.

Preparing For a Consultation

If you are going to have a consultation with a birth injury lawyer in Knoxville, it is a good idea to prepare for the appointment to ensure you have all of the information you need. If you have your medical records and your child's medical notes from the delivery, you should bring those with you. This will allow your lawyer to take a closer look at the situation. It is also a good idea to write out any questions you want to ask to remember everything if you are feeling nervous.

--

Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.

Please reference BV&B’s content disclaimer (located in this channel’s profile description) in regard to this shared content.