We are fortunate to have the advantages that modern medicine provides us. Thanks to developments in the medical field, pregnancy, and childbirth have become safer than ever before. However, that doesn’t mean injuries don’t happen. In fact, there are almost 7 out of 1000 infants born in the United States with some kind of birth-related injury. In many of these cases, the injury should have been avoidable, and the parents may have grounds for a medical negligence case. If you feel you may have a potential lawsuit, a birth injury lawyer in Knoxville can help to guide you through the process. However, it is important to understand that there is a deadline. Let’s take a closer look at the statute of limitations for birth injury lawsuits.
What is a Birth Injury?
First of all, let’s talk about what is considered a birth injury. Birth injury law is a subcategory of medical malpractice and personal injury law. A birth injury can be defined as harm, injury, or damage to a newborn due to negligence, malpractice, or error during the birthing process. Some of the most common examples would include:
- Brachial palsy
- Bruising or forceps marks
- Caput succedaneum
- Facial paralysis
- Subconjunctival hemorrhage
- Cerebral palsy
- Oxygen deprivation
- Spinal cord injury
Some birth injuries are superficial and will heal relatively quickly without lasting consequences for the child. However, others can cause long-term disfigurement and disability. If you feel that your child has suffered due to the negligence of your medical team, you should contact a birth injury lawyer in Knoxville to discuss a potential lawsuit.
How Long Do I Have to File a Birth Injury Lawsuit?
When you need to file a lawsuit, you must do so before the statute of limitations expires. This is a timeframe to make sure that lawsuits are brought to court in a reasonable amount of time, allowing cases to be pursued while physical evidence is still available and potential witness statements are fresh in the individual’s mind. In most medical negligence cases, the countdown begins from the moment the malpractice occurs. However, with some birth injuries, the full extent may not be discovered until some time later - maybe even school age. In these instances, the statute of limitations is calculated from the date of discovery rather than the date of injury. In the state of Tennessee, the statute of limitations for birth injury lawsuits is one year from either the date of injury or the date of discovery. For this reason, it is essential to consult a birth injury lawyer in Knoxville as soon as possible if you believe you have a potential lawsuit.
Finding the Right Birth Injury Lawyer in Knoxville
A birth injury lawsuit can be a stressful situation for parents. The last thing you expected when celebrating your pregnancy was that it would result in your child having a lifelong disability due to negligence. Your emotions will be like a rollercoaster, and it can be challenging to approach the situation with a level head. After all, this is your tiny baby, and you will naturally be angry and frightened. That’s why finding a birth injury lawyer in Knoxville is so important that you can trust and with who you are comfortable working in such an emotionally charged situation. How do you find that person? Here are a few of the things we recommend considering when choosing your birth injury lawyer in Knoxville.
- Birth injury law can be complex. How experienced is your potential attorney in handling this type of case?
- What is their fee structure? This will vary from one firm to the next, but ideally, you want to make sure you have enough left from your settlement to care for your child, so you will want a reasonable fee from your lawyer.
- Does the lawyer work on a contingency basis, meaning you only pay if a settlement is secured?
- What sort of resources does the firm have at its disposal? This might include paralegals, a medical consultant, and more
- Does the legal community favorably recognize the birth injury lawyer? Check ratings such as AV-Preeminent ratings from Martindale-Hubbell.
If you believe you have grounds to file a lawsuit following an injury to your child during birth, it is wise to seek help from a birth injury lawyer in Knoxville sooner rather than later. Talk to Butler, Vines & Babb today for a free consultation.
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.
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