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As a Memphis, Tennessee medical malpractice lawyer with the ability to also investigate claims in Mississippi and Arkansas, we wanted to provide this information to the public.
Tennessee Medical Practice Lawsuit: Birth Injury Defects
The number of Tennessee medical malpractice cases has grown exponentially over the past few years. Of these, birth defect injuries have registered a remarkable increase. A number of medical malpractice lawsuits have been filed in Tennessee, citing doctor’s failure to closely observe warning signs in prenatal care, shifts in fetal position, misdiagnosis, delayed diagnosis, surgery mistakes, wrong prescription, and post-operative complications. Though no amount of compensation can make up for the loss or injury of your child, the guilty doctor should not be let scot free so that no other parent has to meet the same fate as you. The compensation will assist you through the grieving process.
Birth Injury Types
Most Tennessee medical malpractice lawsuits are filed over birth injuries occurring in hospitals, such as traumatic brain injury, Erb’s palsy, hypoxia, cerebral palsy, disfigurement, undiagnosed preeclampsia, and spinal cord injury. Fetal distress, umbilical cord entrapment, delay in ordering cesarean sections, botched vacuum extractions, failure of the medical staff to respond to bleeding, and bruising from forceps can cause severe birth defects. It is the responsibility of the doctor and his medical team to make sure such complications are not ignored, which can even result in death of the child and mother.
If you suspect that your child has suffered a debilitating birth injury or died due to negligence of the hospital staff or medical malpractice, it is your right to sue the hospital or healthcare professional involved in the case for compensation for economic and non-economic losses, including suffering of your child, therapy, medical bills, and rehabilitation, mental and emotional distress, loss of enjoyment, and disfigurement. The victim or their family can file a Tennessee medical malpractice claim under the tort law against a medical facility, a healthcare professional, doctor, nurses, or all those involved in the process of treatment, holding them accountable for acts of omission and commission.
Symptoms of Birth Injury
You can look for the following signs or symptoms in your child to find out if it is a case of medical malpractice:
- Poor muscle control
- Deformity
- Bruising
- Delay in cognitive development
- Paralysis
- Excessive crying and mood swings
Can You File a Medical Malpractice Lawsuit
Birth injury cases are filled with emotion and thus complex in litigating. It is extremely distressing for parents of a newborn baby to see their child suffering from birth defects due to negligence on the part of the medical staff or hospital. If a newborn is a victim of negligence and suffer from birth injuries in Tennessee, this will affect the rest of their life, having life altering consequences on their quality of life. In such a situation, parents of the child can seek damages against the defendants. Tennessee medical malpractice lawyers make sure that a strong case is built against the doctor or hospital or other medical staff present during labor or delivery for negligence or medical practice by way of a birth injury lawsuit.
A medical expert reviews birth records along with the facts related to the birth injury to find out if the medical care at the hospital was below the acceptable level of care in the community. Parents of the child have a legal right to pursue the action in court if the expert establishes certainty of medical facts that medical negligence or malpractice is to be blamed for the birth injury.
If your child has suffered birth injuries during delivery, post-partum, or pregnancy due to negligence on the part of the obstetrician, pediatrician, or delivery room nurse, all those medical professionals allegedly responsible for the present state of the child should be held accountable for their failure to fulfill their duty.
More on Medical Malpractice
Medical malpractice is negligent conduct by a health care provider that causes injury or death to a patient. It is more appropriately called “medical negligence” because the use of the word “malpractice” often connotes incompetence or a lack of professionalism. An otherwise competent health care provider may negligently injure another, just like an otherwise driver can negligently change lanes and hit another vehicle. The fact that a person is negligent does not mean that he or she is incompetent; it only means that at the time of that event, he or she did not act in keeping with the standard of conduct society expects.
There are a number of types of claims for medical malpractice in Tennessee, Mississippi or Arkansas Misdiagnosis of cancer, Failure to diagnose heart conditions, Surgical errors, Orthopedic malpractice, Emergency room errors, Anesthesia and pharmaceutical malpractice, Failure to Transfer a Patient to Another Facility, Early Discharge, Birth injuries, Children’s injuries, Spinal cord injuries, Nursing home injuries, Plastic surgery injuries, Lasik surgery, Prescription errors and Reactions to prescription drugs.
If you or a loved one in Tennessee, Mississippi or Arkansas 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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