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At NST Law, we are dedicated to helping injured individuals and their families get the justice and compensation they deserve.
Mr. Trotz has handled personal injury cases involving car accidents, trucking accidents, slip and fall, premises liability, and negligent security. Each and every day, Mr. Trotz represents those who have been injured through no fault of their own, and many of his clients have sustained traumatic, catastrophic and life-altering injuries.
Birth injury cases resulting from medical negligence can be devastating, leading to heart-wrenching consequences for the child and their family. The top-rated NST Law birth injury lawyers in Jackson, TN, are dedicated to providing compassionate, personalized care and can help you navigate the complexities of the legal system to secure the compensation you and your family deserve.
Inviting a new life into the world is one of a family’s most joyous and heartwarming events. While we trust our doctors to provide necessary medical care throughout pregnancy and labor, negligence can occur. Unfortunately, these mistakes can have catastrophic effects, leading to traumatic injuries and even death.
Pursuing immediate legal guidance is crucial if you believe your child has suffered an injury due to medical malpractice or negligence. The Jackson, TN, birth injury lawyers at NST Law are well-versed in these cases and can help protect your legal rights and ensure you recover the compensation you deserve.
At NST Law, we’re familiar with the sensitive nature of birth injury cases and strive to provide compassionate care for you and your family throughout this difficult time. We’re proud to be Champions for the Injured, with over 30 years of experience serving our communities and over $2 billion recovered for our clients.
We have an extensive staff team of over 30 attorneys and 120 support staff members ready to help you navigate the complexities of your case. We can help you by doing the following:
Our Jackson, TN, personal injury attorneys have extensive experience in birth injury cases and can help you navigate the intricacies of the legal system to receive a favorable outcome.
Two causes of action exist for birth injuries: medical malpractice and wrongful death. NST Law handles all types of birth injury cases, including traumatic injuries and wrongful deaths.
If you or your child has suffered an injury due to medical negligence or malpractice, recovering compensation for the situation might be possible. Our skilled Jackson birth injury lawyers at NST Law are prepared to help you navigate the complexities of your case.
Birth injuries to the child encompass various injuries and deformities, including the following:
Unlike birth defects that are genetic and therefore unavoidable, birth injuries often stem from medical malpractice or a health care provider’s negligence.
Some common causes of birth injuries include the following:
Medical treatments for birth injuries vary drastically based on the severity of the injury. Common treatments include surgical intervention as well as speech and physical therapy.
Hospitals Near Jackson, TN
Several hospitals in western Tennessee provide maternity services, including:
If you suspect your child has suffered a birth injury at one of these hospitals or another in Tennessee, our lawyers at NST Law can help.
The compensation you can recover in a birth injury lawsuit includes economic and non-economic damages. Economic damages compensate for all quantifiable losses, such as medical expenses and future lost wages. Non-economic damages cover things such as emotional distress and pain and suffering.
Among the compensation available in birth injury cases are the following:
The compensation you can recover in a birth injury case depends heavily on factors specific to your situation, including the severity of the injury.
Tennessee Code Section 29-39-102 caps recoverable damages for injury cases at specific levels. For example, there is a $750,000 limit on non-economic damages, including pain and suffering or loss of enjoyment of life. In severe cases involving catastrophic injuries, such as spinal cord injuries, amputations, and wrongful death, the cap is $1 million.
An experienced birth injury attorney in Jackson, TN, can help you determine a fair settlement and ensure you receive the compensation you deserve.
Under Tennessee Code Section 28-3-104, most personal injury cases have a statute of limitations of only one year. In other words, you have one year to file your birth injury lawsuit and recover compensation.
Not all birth injuries are immediately apparent and cannot be discovered within the one-year after birth. The law recognizes this and gives you one year from the date you discover the injury. However, Tennessee imposes a hard cap of three years from the date of the injury in all cases.
Establishing liability is significant in achieving a favorable outcome in a birth injury case. Several parties may bear liability, including doctors, nurses, and other hospital staff. Also, hospitals may be held liable for the actions or omissions of their employees.
For example, if your child was in distress and required an immediate cesarean section, yet the attending doctor delayed the surgery despite awareness of the baby’s distress, you could hold the doctor liable. In addition, a pharmaceutical company may be liable if it fails to adequately inform physicians of all risks associated with a specific drug.
To prove medical malpractice in a birth injury case, you must establish the following elements:
Duty of Care – You must show a doctor-patient relationship existed, meaning the doctor or health care provider owed the mother and child a duty of care.
Breach of Duty – The health care provider breached the duty of care by failing to provide the applicable standard of care.
Causation – The health care provider’s breach was the direct and proximate cause of the birth injury, and the child wouldn’t have suffered the injury absent that breach.
Damages – The child suffered damages, such as medical expenses, pain and suffering, emotional distress, or disability, as a result.
Birth injury cases are rarely straightforward and often require the skill and expertise of an experienced birth injury lawyer, as determining and proving liability can be complex. To determine who is at fault for your child’s injuries, your lawyer will carefully examine all aspects of the case using multiple pieces of information, such as medical charts, reports, and security camera footage.
Birth injuries can have devastating effects, but you’re not alone. The Jackson birth injury lawyers at NST Law understand the anguish resulting from these cases. We’re prepared to offer kind, compassionate care throughout this difficult time. If you suspect your child has suffered an injury due to medical malpractice or negligence, let us help you.
We take pride in representing members of our communities throughout Tennessee. Contact our office at (800) 529-4004 or complete our online form to get started with a free consultation.
Birth injuries include any internal or external injuries or damage to the baby. While these injuries often occur during labor and delivery, some happen during pregnancy. Common examples of birth injuries include cerebral palsy, brain damage, and Erb’s palsy.
There are many possible birth injuries stemming from medical negligence, including brain damage, intrauterine fetal demise, cerebral palsy, and intraventricular hemorrhage. These injuries are typically the result of the negligence of medical personnel, including doctors, nurses, and anesthesiologists.
Treatment for birth injuries varies based on the type and severity of the injury. Common treatments include surgeries, physical therapy, and speech therapy.
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