Nashville Birth Injury Attorney

Our Practice > Medical Malpractice > Birth Injuries

Medical malpractice can cause serious birth injuries (e.g. cerebral palsy and brain damage, shoulder dystocia) from trauma and deprivation of oxygen during labor. The American College of Obstetricians and Gynecologists (ACOG) has published a position paper that attempts to set forth criteria for brain injury caused by birth trauma. The report acknowledges that certain intrapartum (during labor) events can cause cerebral palsy. (See below for information on choosing a birth injury attorney or birth injury lawyer).

Families facing a lifetime of care for a profoundly challenged infant need legal counsel on whether there is a case and, if so, how to successfully bring the suit and provide a life care plan for the future.

Fighting Delivery Room & Obstetric Malpractice Errors

Our firm has tried (and settled) a significant number of birth trauma and cerebral palsy cases that have resulted in million and multi-million dollar settlements — often with structured settlements and special needs trusts to ensure that Medicaid and Social Security benefits remain in place.

To evaluate birth trauma cases we have prepared a questionnaire for download: Birth Trauma Client Questionnaire to assist a Nashville birth injury attorney in evaluating your case.

Cerebral Palsy Information

Cerebral palsy is a permanent, non-progressive condition caused by damage to the cerebrum, the largest area of the brain, where movement is controlled. The most common symptoms of cerebral palsy include difficulty moving and controlling various muscles. This may result in problems walking, using the arms or hands, speaking, swallowing, breathing, hearing, seeing, and learning. Seizures may also occur in some cases. There are four types of cerebral palsy: spastic cerebral palsy (the most common, it involves stiff, contracted muscles in one to four limbs), ataxic cerebral palsy (creates problems with balance, depth perception, and fine motor skills), athetoid cerebral palsy (includes uncontrolled movements in arms, hands, legs, feet, face, mouth, or tongue), and mixed cerebral palsy (means two or more types are found in the same individual).

Causes of cerebral palsy may occur during pregnancy, during the birth process, or after a child is born. Lack of oxygen to the brain, trauma to the baby’s head, and certain infections are possible causes of cerebral palsy. Cerebral palsy is sometimes a result of a medical mistake or miscalculation. For example, the baby may move into an improper position that makes a caesarian-section necessary during the birthing process. If the doctor does not recognize or respond to the situation early enough, the baby’s oxygen supply may be inadequate and cerebral palsy may result. Unfortunately, medical errors are sometimes due to medical negligence or medical malpractice. If you are a victim of medical malpractice or medical negligence and need the assistance of a leading medical malpractice lawyer, contact us today

Representative Birth injury Case

Two years of litigation achieved a $7.5 million settlement in a birth injury lawsuit initiated by the grandparents of a child born with cerebral palsy. Advocate Health and Hospitals Corp. will pay $7.5 million to the grandparents of a 9-year-old girl who was disabled as the result of alleged medical malpractice during her August 2002 birth at Christ Medical Center.

As with many birth injury lawsuits, the allegations of medical malpractice centered around the delay of hospital staff and treating physicians had with respect to taking action upon learning of the potential dangers facing the baby. The delay in responding to signs of fetal distress was blamed for oxygen deprivation and ensuing complications including brain damage and cerebral palsy.

Now, 9-years-old, and with significant care-related needs, the funds from the settlement can be used to provide for the extensive skilled-care needs that this child will need for the remainder of her life. In addition to the care, some of the funds will likely be used to modify the child’s home to make it more accommodating for specialized physical needs such a wheelchair access.

Significant Settlements For Birth Injury Cases:

Settlements such as this are indeed eye-popping for their significance. But it is important to remember that the funds from the settlement of birth injury lawsuit are intended to provide for the needs of these children for the remainder of their lives. In the case of a child with cerebral palsy, many physicians will opine that these children will have a normal life expectancy — similar other children their age.

Additionally, in situations involving funds awarded to children in cerebral palsy or other types of birth injury cases, the funds are customarily put into a trust or other type of restrictive account. Only a parent or guardian can access the funds for the direct needs of the child. It is important to discuss these issues with a competent and experienced birth injury lawyer.

Many times, a judge oversees the administration of the funds to further protect the child from improper acts of a third-party— and to assure that the funds last protect the needs of the child in the future. Usually, an annual accounting is ordered to be filed with the court where all expenditures and trust income is accounted for in order to detect any issues as quickly as feasible.

Further distinguishing funds set-aside for a child’s birth injury, is how the funds are to be invested. Unlike accounts used for investment and growth, accounts established for special needs children are intended to utilize extremely conservative— and inherently safer— types of investment vehicles to further assure the needs of the child can be provided for in the future regardless of the overall economic volatility.

Resources for More Information on Birth Injury

Tennessee Medical Malpractice | Anesthesia

Tennessee Medical Malpractice | Cancer Misdiagnosis

Tennessee Medical Malpractice | Misdiagnosis and Delayed Diagnosis

Nashville Personal Injury Lawyers: managing the unthinkable

Nashville Birth Injury Attorney

Birth injury Lawyer

Over $500 Million
Recovered Since 1993

We've Helped Thousands of People Just Like You

We are known for getting life-changing results and fighting to make our communities safer.

Why Choose Us As Your Nashville Birth Injury Attorney

With us on your side, you can focus on what’s most important – your recovery.

Decades Of Experience

Decades Of Experience

Our Nashville attorneys have over 75 years of combined practice handling cases involving personal injury, medical malpractice, civil rights, medical device lawsuits, wrongful death, and much more.

Excellent Reputation

Excellent Reputation

DRS Law is a well-respected law firm in Nashville and throughout the U.S. Founder, David Randolph Smith, has been selected as a Mid-South Super Lawyer, named one of the Top 100 attorneys in Tennessee in all fields of practice, and is included in the Best Lawyers in America guidebook.

Small Case Volume

Small Case Volume

Unlike many Nashville firms or lawyers that handle a large volume of cases, we concentrate our expertise on a select few cases. With this, our attorneys ensure that every step is taken to obtain the most favorable outcomes for our clients.

We Prepare For Trial

We Prepare For Trial

Every case is meticulously prepared for trial by our trial team and support staff in order to maximize the recovery for our client, whether by settlement or trial verdict. Our proven track record of success has resulted in multi-million-dollar settlements and judgments in a wide variety of individual and group cases.

What to Expect

Our Legal Services Are Completely Personalized To You And Your Unique Needs

01  Free Consultation

Our top-rated Tennessee personal injury lawyers provide free, no-pressure case evaluations. We will help you determine if you have a case and will answer all your questions in plain English. We never charge any fees until we win your case.

02  Personalized Service

If we take your case, it’s because we believe we can help you. We will get to work outlining a strategic plan of action. We want you to feel taken care of during this difficult time — whatever questions you have, we’re here with answers. Frequent check-ins ensure you are comfortable with the progress of your case.

03  You Get Paid

We are passionate about the success of your case and will give it the close attention and focus it deserves. We find solutions that other lawyers miss, discovering key facts that help you win. We call upon our gifts in storytelling to argue your case with passion and conviction so you get the compensation and justice you deserve.

What Our Clients Say

Get Started Today

Request Your Free Consultation

    The Nashville personal injury and medical malpractice law firm of David Randolph Smith & Associates serves clients throughout Tennessee in communities such as Memphis, Knoxville, Chattanooga, Clarksville, Murfreesboro, Jackson, Johnson City, Franklin, Hendersonville, Bartlett, Cleveland, Columbia, Cookeville, Gallatin, Lebanon, Brentwood, Springfield, Dickson, Davidson County, Shelby County, Knox County, Hamilton County, Rutherford County, Williamson County, Robertson County, Cheatham County, Maury County and Montgomery County. We also serve clients in Alabama, Kentucky, Indiana, Mississippi and Illinois. AL, KY, IN, MS, IL.

    If you are seeking a:
    Davidson County Medical Malpractice Lawyer
    Tennessee Personal Injury Attorney
    Tennessee Medical Malpractice Attorney
    Tennessee Wrongful Death Attorney
    Tennessee Product Liability Attorney
    Tennessee Trucking Accident Attorney
    Tennessee Auto Accident Attorney
    Tennessee Civil Rights Attorney
    Tennessee Birth Injury Attorney or
    Tennessee Fire Attorney

    We would welcome the opportunity to discuss your case confidentially and free of charge.