Best Birth Injury Lawyers Knoxville, TN

Knoxville, TN Birth Injury FAQs

• What is the difference between a birth injury and a birth defect in Knoxville?

  They differ in when and why they happen. Birth injuries may develop before, during, or immediately after delivery, while birth defects can be traced back to the first stages of pregnancy. The causes of birth defects vary, ranging from genetics to external factors. They are also unidentifiable in some cases. Meanwhile, malpractice or negligence by a Knoxville medical practitioner can lead to birth injuries.

• Can you file a malpractice lawsuit in Knoxville if you had a stillborn child because of prenatal injuries?

  Yes, you can file a lawsuit if you can prove the negligence of your prenatal healthcare professional in Knoxville. An example of negligence is the failure to diagnose conditions including gestational diabetes, placental abruption, and uterine rupture. Maternal infections like chorioamnionitis are also dangerous for babies and may lead to brain cell damage. You may be eligible for wrongful death benefits in such cases, according to Tennessee Code § 20-5-106.

• Will punitive damages apply if you file a birth injury lawsuit in Knoxville?

  Punitive damages may be imposed on the defendant in your Knoxville birth injury lawsuit. However, these will only awarded if you have clear evidence of a healthcare provider’s malicious, intentional, reckless, fraudulent, or reckless action. Moreover, there is a cap on punitive damages under state law. Tennessee Code § 29-39-104 says that they cannot exceed $500,000 or double the amount of compensatory damages you will receive, whichever is greater.

• What should you prepare for a consultation with a Knoxville birth injury attorney?

  Prior to the consultation, gather all documents that can give your Knoxville birth injury lawyer a good picture of your case. These include hospital notes during your child’s birth, your medical records, a list of healthcare providers you went to, the names of doctors involved, and their contact details. A diary or timeline of the events surrounding your birth injury can also be helpful.

• What are the chances of a child in Knoxville dying during infancy?

  Based on infant mortality rates in Tennessee, the chances are 6.6 out of 1,000 births per year. This rate refers to the number of babies who die before their first birthday, and is higher than the national average. As of 2022, the infant mortality rate across the country is 5.6 per 1,000 live births. At a rate of 12.3 per 1,000 births, African-American infants in Knoxville may also face higher chances of death than white infants.