It is difficult to imagine a more extreme emotional jolt than the shift from the joy and excitement of a new baby to the distress and fear of being told that your newborn has a serious birth injury. It is terrible enough to hear that your infant has physical and/or mental limitations or is deformed or diseased in some unexpected way, but to discover that you could now be holding a perfectly healthy baby if not for the negligence of a medical professional is truly devastating. Whether an obstetrician, nurse practitioner, physician assistant, midwife, anesthesiologist, hospital or birthing center is responsible for the tragic error, clearly someone must be held accountable.
If your baby has suffered an avoidable birth injury, there is no question that you have to fight for what’s right, with many physical, emotional and financial challenges ahead. You should not have to go through this journey alone or without the substantial resources, you will need. If you are in Middle Tennessee, Cummings Law is here to help. Brian Cummings, lead medical malpractice attorney of the firm, is both highly qualified and deeply compassionate. He knows how important it is to win you compensation to meet the enormous birth injury-related costs you are and will be, facing.
How Cummings Law Can Be Invaluable in Winning Your Birth Injury Claim
Birth injury claims may involve more than one medical professional as well as more than one medical discipline, and can, therefore, be complicated to negotiate or litigate to a successful conclusion. When you turn to Cummings Law for help, you will be given the personal attention and knowledgeable legal representation you deserve. You can trust Brian Cummings who has consummate legal skills and a track record of positive results.
Whether your healthcare provider failed to diagnose a pre-existing maternal condition, misused a medical device (e.g. a forceps or vacuum pump), did not provide proper prenatal care or guidance, Cummings Law will fight ferociously to protect your baby and your family. We will file a claim on your behalf seeking sufficient damages to provide for the best medical, therapeutic, and educational interventions possible. We, like you, want the best possible care for your child as well as long-term financial security for your family.
Common Birth Injuries and Their Causes
Some birth injuries, though unsightly and frightening to new parents, are short-lived. These include subconjunctival hemorrhages (the bursting of a blood vessel in the eye) or temporary partial facial paralysis. Unfortunately, however, significant long-term birth injuries result in permanent damage that will likely affect the child and the whole family throughout their lives. Many of these could have been avoided if the obstetrical professional decided to perform a Cesarean section more promptly. Birth injuries include:
- Asphyxia, a deprivation of oxygen to the newborn resulting from unnecessary delays in the delivery process which may result in severe brain damage.
- Shoulder dystocia, which occurs when a baby’s head and shoulders get trapped behind the mother’s pelvic bone during delivery. If not handled promptly and correctly by the medical professional delivering the baby, this event can lead to serious complications, such as Erb’s palsy (a form of brachial plexus injury, or BPI) in which the nerves of the arms are severed, permanently impairing upper arm function.
- Cerebral Palsy (CP) in the majority of cases, is a congenital condition, but in about 15 percent of cases, it is caused by physical injuries to the skull or other complications during the birth process, such as asphyxia. Children with CP have difficulties with mobility, muscle spasms, speech and, in some cases, cognitive development.
- Spinal Cord Damage can result from improper or reckless medical care during delivery and is more common when babies are atypically positioned during the birth process. Severe physical disabilities, such as paralysis, may result from spinal cord injuries.
- Epilepsy, though sometimes due to unknown causes, usually results from injuries to the head which may occur during or immediately after birth, as well as later in life. Individuals with epilepsy have seizures caused by electrical disturbances in the brain.
As noted, several types of birth injuries can be prevented by timely action on the part of the medical professional during delivery. Conversely, however, some infants are injured during the C-section itself, suffering fractures, facial lacerations, or nerve damage. Newborns also sometimes suffer birth injuries from a maternal infection passed on during the birth process. Disease transmission to the newborn is preventable if the illness is properly diagnosed and prepared for.
Grounds for Filing a Birth Injury Claim
In order to file a successful birth injury claim, Cummings Law will investigate thoroughly, examining all medical data and consulting experts in related fields. We have many legal strategies available and will decide how best to approach your case to win your lawsuit. In all likelihood, one medical practitioner caused the birth injury by:
- Delaying the delivery
- Failing to recognize the signs of complications during labor
- Failing to recognize and/or administer emergency treatment to an infant in distress
- Improperly using forceps or vacuum extraction
- Delaying performance of a Cesarean section
Our grounds for filing a lawsuit will be that the healthcare professional failed in his or her “duty of care” to the patients, failing to monitor or react within the range of normally acceptable medical standard, and that this failure resulted in the birth injury.
Damages Cummings Law Will Fight to Obtain
Brian Cummings is well-prepared to fight for justice for you and your family. Depending on the type of birth injury suffered, we will make a claim for economic damages, such as medical and rehabilitative care, nursing care, physical, psychiatric and/or occupational therapy, lost wages as you care for your injured child, alterations to your home and medical devices to make your child’s disability more manageable. We will also make claims for non-economic damages, such as pain and suffering, scarring or disfigurement, or loss of enjoyment of life.
Contact Our Nashville Birth Injury Attorney
You should be aware that the statute of limitations for birth injuries in Tennessee is one year, either from the time of birth or from the time of discovery of the injury (no longer than 3 years after the injury occurred). An even more pressing reason to call on Brian Cummings promptly is that the sooner he begins to gather medical data and investigate, the stronger he can make your case. Medical professionals and administrators involved are likely to cover up their mistakes as quickly as they can in an effort to protect their reputations, licenses, and financial resources. The sooner you contact us the better your chances are of receiving every bit of compensation you and your child deserve.