Nashville Birth Injury Attorney
If your child has suffered a birth injury in Nashville, you need the help of an experienced birth injury lawyer. We can help you understand your legal rights and options, and we will fight for the compensation you deserve
Common birth injury lawsuits:
The experienced Nashville birth injury lawyers at DRS Law handle several kinds of birth injury lawsuits.
A birth injury is a serious injury that occurs during childbirth. These injuries can range in severity from mild to severe, and they can have a lifelong impact on the child. Some common birth injuries include:
- Cerebral palsy: This is a neurological disorder that affects movement and coordination.
- Spina bifida: This is a birth defect that occurs when the spine doesn’t close properly.
- Hypoxic ischemic encephalopathy (HIE): This is a condition that occurs when the baby’s brain doesn’t get enough oxygen during childbirth.
- Nerve damage: This can cause weakness, numbness, and pain.
- Bone fractures: These can occur during childbirth, especially if the baby is large or if there are complications during delivery.
If your child has suffered a birth injury, you may be entitled to compensation. The amount of compensation you can receive will depend on the severity of the injury, the impact it has had on your child’s life, and the fault of the medical professionals involved.
An experienced Nashville birth injury lawyer can help you understand your legal rights and options. We will investigate the circumstances of your child’s birth injury and gather evidence to support your claim. We will also negotiate with the insurance company on your behalf to try to reach a fair settlement. If the insurance company refuses to settle, we will take your case to court.
We understand that going through a birth injury lawsuit can be a difficult and emotional experience. We will be with you every step of the way, and we will fight for the compensation you deserve.
Fighting Delivery Room & Obstetric Malpractice Errors
Our firm has tried (and settled) a significant number of birth trauma and cerebral palsy cases that have resulted in million and multi-million dollar settlements — often with structured settlements and special needs trusts to ensure that Medicaid and Social Security benefits remain in place.
To evaluate birth trauma cases we have prepared a questionnaire for download: Birth Trauma Client Questionnaire to assist a Nashville birth injury attorney in evaluating your case.
Cerebral Palsy Lawyers in Nashville
Cerebral palsy is a permanent, non-progressive condition caused by damage to the cerebrum, the largest area of the brain, where movement is controlled. The most common symptoms of cerebral palsy include difficulty moving and controlling various muscles. This may result in problems walking, using the arms or hands, speaking, swallowing, breathing, hearing, seeing, and learning. Seizures may also occur in some cases. There are four types of cerebral palsy: spastic cerebral palsy (the most common, it involves stiff, contracted muscles in one to four limbs), ataxic cerebral palsy (creates problems with balance, depth perception, and fine motor skills), athetoid cerebral palsy (includes uncontrolled movements in arms, hands, legs, feet, face, mouth, or tongue), and mixed cerebral palsy (means two or more types are found in the same individual).
Causes of cerebral palsy may occur during pregnancy, during the birth process, or after a child is born. Lack of oxygen to the brain, trauma to the baby’s head, and certain infections are possible causes of cerebral palsy. Cerebral palsy is sometimes a result of a medical mistake or miscalculation. For example, the baby may move into an improper position that makes a caesarian-section necessary during the birthing process. If the doctor does not recognize or respond to the situation early enough, the baby’s oxygen supply may be inadequate and cerebral palsy may result. Unfortunately, medical errors are sometimes due to medical negligence or medical malpractice. If you are a victim of medical malpractice or medical negligence and need the assistance of a leading medical malpractice lawyer, contact us today.
Hypoxic ischemic encephalopathy (HIE) lawyers in Nashville
Hypoxic ischemic encephalopathy (HIE) is a type of brain injury that occurs when a baby’s brain doesn’t get enough oxygen during childbirth. This can happen for a number of reasons, including:
- Prolonged labor or delivery: This can put pressure on the umbilical cord, which can restrict blood flow to the baby’s brain.
- Placenta problems: Problems with the placenta, such as abruption or previa, can also restrict blood flow to the baby’s brain.
- Meconium aspiration: This is when the baby inhales meconium, or the first stool, during delivery. Meconium can block the baby’s airways and prevent them from getting enough oxygen.
- Birth defects: Some birth defects, such as heart defects, can also make it difficult for the baby to get enough oxygen during childbirth.
The severity of HIE can vary depending on how long the baby’s brain was deprived of oxygen. Babies with mild HIE may not have any long-term problems. However, babies with severe HIE can have a number of disabilities, including cerebral palsy, intellectual disabilities, and seizures.
There is no cure for HIE, but there are treatments that can help to improve the outcome for babies with this condition. These treatments may include:
- Therapeutic hypothermia: This is a treatment that involves cooling the baby’s body to reduce the amount of damage that occurs to the brain.
- Seizure medications: Babies with HIE are at risk for seizures, and these medications can help to prevent or control seizures.
- Physical therapy: Physical therapy can help to improve the baby’s movement and coordination.
- Occupational therapy: Occupational therapy can help the baby develop skills for daily living.
Representative Birth injury Case
Two years of litigation achieved a $7.5 million settlement in a birth injury lawsuit initiated by the grandparents of a child born with cerebral palsy. Advocate Health and Hospitals Corp. will pay $7.5 million to the grandparents of a 9-year-old girl who was disabled as the result of alleged medical malpractice during her August 2002 birth at Christ Medical Center.
As with many birth injury lawsuits, the allegations of medical malpractice centered around the delay of hospital staff and treating physicians had with respect to taking action upon learning of the potential dangers facing the baby. The delay in responding to signs of fetal distress was blamed for oxygen deprivation and ensuing complications including brain damage and cerebral palsy.
Now, 9-years-old, and with significant care-related needs, the funds from the settlement can be used to provide for the extensive skilled-care needs that this child will need for the remainder of her life. In addition to the care, some of the funds will likely be used to modify the child’s home to make it more accommodating for specialized physical needs such a wheelchair access.
Significant Settlements For Birth Injury Cases:
Settlements such as this are indeed eye-popping for their significance. But it is important to remember that the funds from the settlement of birth injury lawsuit are intended to provide for the needs of these children for the remainder of their lives. In the case of a child with cerebral palsy, many physicians will opine that these children will have a normal life expectancy — similar other children their age.
Additionally, in situations involving funds awarded to children in cerebral palsy or other types of birth injury cases, the funds are customarily put into a trust or other type of restrictive account. Only a parent or guardian can access the funds for the direct needs of the child. It is important to discuss these issues with a competent and experienced birth injury lawyer.
Many times, a judge oversees the administration of the funds to further protect the child from improper acts of a third-party— and to assure that the funds last protect the needs of the child in the future. Usually, an annual accounting is ordered to be filed with the court where all expenditures and trust income is accounted for in order to detect any issues as quickly as feasible.
Further distinguishing funds set-aside for a child’s birth injury, is how the funds are to be invested. Unlike accounts used for investment and growth, accounts established for special needs children are intended to utilize extremely conservative— and inherently safer— types of investment vehicles to further assure the needs of the child can be provided for in the future regardless of the overall economic volatility.
Resources for More Information on Birth Injury
- https://pubmed.ncbi.nlm.nih.gov/?term=birth+injury
- https://search.medscape.com/search/?q=birth%20injury
- Tennessee Medical Malpractice | Anesthesia
- Tennessee Medical Malpractice | Cancer Misdiagnosis
- Nashville Personal Injury Lawyers: managing the unthinkable
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The Nashville birth injury lawyers at DRS Law stand ready to help you in your time of need.
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Decades Of Experience
Our Nashville attorneys have over 75 years of combined practice handling cases involving personal injury, medical malpractice, civil rights, medical device lawsuits, wrongful death, and much more.
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DRS Law is a well-respected law firm in Nashville and throughout the U.S. Founder, David Randolph Smith, has been selected as a Mid-South Super Lawyer, named one of the Top 100 attorneys in Tennessee in all fields of practice, and is included in the Best Lawyers in America guidebook.
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Unlike many Nashville firms or lawyers that handle a large volume of cases, we concentrate our expertise on a select few cases. With this, our attorneys ensure that every step is taken to obtain the most favorable outcomes for our clients.
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Every case is meticulously prepared for trial by our trial team and support staff in order to maximize the recovery for our client, whether by settlement or trial verdict. Our proven track record of success has resulted in multi-million-dollar settlements and judgments in a wide variety of individual and group cases.
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01 Free Consultation
Our dedicated personal injury and accident lawyers provide free, no-pressure case evaluations. We will help you determine if you have a case and will answer all your questions in plain English. We never charge any fees until we win your case.
02 Personalized Service
If we take your case, it’s because we believe we can help you. We will get to work outlining a strategic plan of action. We want you to feel taken care of during this difficult time — whatever questions you have, we’re here with answers. Frequent check-ins ensure you are comfortable with the progress of your case.
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We are passionate about the success of your case and will give it the close attention and focus it deserves. We find solutions that other lawyers miss, discovering key facts that help you win. We call upon our gifts in storytelling to argue your case with passion and conviction so you get the compensation and justice you deserve.
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“The intellect combined with compassion of these people is incredible.”
I am very thankful to David, Lyon, Chris and all professionals who represent this firm. This team made an incredibly difficult situation end successfully. The intellect combined with compassion of these people is incredible. Our concerns were quickly and appropriately responded to, with knowledge and compassion. Law suits are very scary situations, but they never stopped communicating until I felt comfortable with the process. - K. Boland
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The DRS team was simply tremendous. They were extremely thorough and caring through the entire experience. I felt cared for the entire time. I will recommend them enthusiastically to anyone who ever needs legal help. - Dick K.
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Chris and the rest of the guys at the firm did an amazing job handling my case and making me feel like I was heard and important. Very professional and very hard working guys that I would suggest to anyone! - T. Sapp.
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This is a wonderful law firm. They kept me in the loop every step of the way and made me feel like family. I would highly recommend! - David S.
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There are really no words to adequately describe how thankful we are for Lyon and the others at this law firm. The events that led us to reach out to your firm were one the worst times in our lives. My husband’s illness and long recovery were something that we were not sure we would ever come back from. Thanks to the hard work, knowledge and dedication that you guys have put forth on our behalf we have been awarded a settlement that will ensure we have a secure financial future. You guys are the best! - Lorrie H.
“The only attorney that would take our case.”
David Randolph Smith was the only attorney that would take our case. We were up against the US Government and Virginia’s state laws. Mr. Smith’s experience and expertise was the only reason we were able to get a settlement. He always answered our calls and kept us informed. Mr. and Mrs. Smith were very professional and nice. God sent this law firm to help us at a very sorrowful time. We were blessed for such a great law firm. If I ever need a lawyer, this firm would be first on my list. Thank you. — Vicky F.
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Thru what was an absolute nightmare of an ordeal, I was finally blessed with the very best legal team a man could ever want or desire. I can’t even begin to express my overwhelming gratitude and sincere appreciation to my entire legal team. You are all of the very best at what you do, and the end results gave me the justice and satisfaction I so desperately needed. And it also gave me back my health and independence! On a scale to 1 and 10, I would give you give you a 12! God bless all of you from the bottom of my heart! - Darrell H.
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My wife and I couldn’t have had a better experience. The whole team was incredibly responsive, attentive, respectful, & friendly. Lyon took our case and you couldn’t ask for a better guy to have on your side. Not only was he super sharp and resourceful, but also the type of person that makes you feel like an old friend. Since we were seeking legal help for a very awful situation it made all the difference knowing that we were in competent hands the whole time. - Mark D.
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It was a wonderful experience. Everyone we dealt with was attentive and responsive. They always set realistic expectations and even surpassed them. We are very happy we decided to use Smith and Associates. We highly recommend them. - Whitney G.