Best Birth Injury Attorneys in Nashville

FAQs

• Who can be held responsible for birth injuries in Nashville?

  Although the attending physician may receive the most attention when a birth injury occurs in Nashville, other medical professionals and healthcare providers may also be held liable. This means you can seek compensation for other hospital staff members, such as nurses, physician assistants, anesthesiologists, and pharmacists, who may have contributed to your child's injury.

• What is the statute of limitations for filing a birth injury lawsuit in Nashville?

  In Nashville, the statute of limitations for filing a birth injury lawsuit is generally one year, beginning either from the date of birth or from the time the injury is discovered. However, it is important to note that the filing must not exceed three years from the occurrence of the injury.

• How can you prove a birth injury occurred due to malpractice in Nashville?

  Proving a birth injury claim due to malpractice in Nashville necessitates demonstrating that the injury stemmed from a healthcare provider's negligence. This involves establishing a doctor-patient relationship within the childbirth context and revealing a breach of the duty of care through negligent actions or oversights. Furthermore, the attorney must show how the injury caused identifiable damages, whether emotional, financial, or physical, demonstrating the direct impact of the malpractice on the child and family in Nashville.

• Are there any caps on damages in birth injury cases in Nashville?

  Yes, there are damage caps in Nashville birth injury cases. Non-economic damages are limited to $750,000, but in cases of catastrophic injuries such as spinal cord injuries, amputation of two hands, two feet, or one of each, third-degree burns covering 40% or more of the body, or wrongful death, the cap is raised to $1 million. Punitive damages are also limited to $500,000 or twice the amount of compensatory damages awarded, whichever is greater.

• Can you file a birth injury lawsuit if the healthcare provider made an error in prenatal care in Nashville?

  If your child suffers a preventable injury due to errors in prenatal care in Nashville, you can potentially file a birth injury lawsuit against the healthcare professionals responsible. Examples of medical malpractice include failure to communicate complications, identify symptoms of illness or injury, administer medication accurately, and recognize fetal distress. These errors form the basis for legal action, allowing you to seek recourse for negligence in prenatal care through a birth injury lawsuit in Nashville.