Nashville Birth Injury Lawyer: 10 Frequently Asked Questions Authoritatively Answered [2025]

As a Nashville birth injury lawyer, I am asked questions about birth injury cases from many people.  Here are answers to the ten most frequently asked questions:

What are “Birth Injuries”?

A birth injury refers to any harm or injury that occurs to a newborn during the process of childbirth. These injuries can range from mild to severe and may affect various parts of the infant’s body, including the brain, bones, nerves, and organs. Birth injuries are often the result of complications during labor and delivery, such as prolonged labor, abnormal fetal positions, use of forceps or vacuum extraction, or a large baby size. Some common types of birth injuries include brachial plexus injuries, fractures, cephalohematoma, and cerebral palsy.

Medical professionals play a crucial role in preventing and managing birth injuries by closely monitoring both the mother and baby throughout pregnancy and delivery. Proper prenatal care, timely interventions, and appropriate use of medical techniques can significantly reduce the risk of birth injuries. However, despite best efforts, some birth injuries may still occur due to unforeseen complications or unavoidable circumstances.

In cases where a birth injury occurs, immediate medical attention is essential to minimize long-term effects and ensure the best possible outcome for the child. Treatment options vary depending on the type and severity of the injury and may include physical therapy, surgery, medication, or other specialized care. Parents of children who suffer from a birth injury may also seek legal counsel to explore potential avenues for compensation if medical negligence is suspected. Overall, understanding the causes, prevention, and management of birth injuries is vital for healthcare providers and parents alike to ensure the safety and well-being of newborns.

How Can I Tell if My Child Suffered a Birth Injury?

Determining if your child has suffered a birth injury can be a deeply concerning and emotional experience. Birth injuries can manifest in various forms and may not always be immediately apparent. Common signs of a birth injury include physical abnormalities such as bruising, swelling, or fractures. Additionally, you may notice developmental delays or difficulties in feeding, breathing, and motor skills. It is crucial to closely monitor your child’s milestones and any unusual symptoms during the early stages of development. Consulting with a pediatrician who specializes in neonatal care can provide you with professional insights and assessments.

Medical professionals often use diagnostic tools such as imaging studies, blood tests, and neurological evaluations to identify potential birth injuries. If you suspect that your child may have suffered a birth injury, it is important to document all relevant medical records, including prenatal care, labor, delivery, and postnatal observations. This documentation can be critical in understanding the circumstances surrounding the birth injury and seeking appropriate medical or legal assistance.

Parents should also be aware of common medical conditions associated with birth injuries, such as cerebral palsy, Erb’s palsy, and hypoxic-ischemic encephalopathy (HIE). Early intervention and rehabilitation therapies can significantly improve outcomes for children affected by birth injuries. Seeking support from specialists such as physical therapists, occupational therapists, and speech therapists can help address the specific needs of your child.

In conclusion, recognizing the signs of a birth injury requires vigilance, professional consultation, and timely intervention. Understanding the potential indicators and seeking expert guidance from a birth injury lawyer in Nashville can help ensure that your child receives the necessary care and support to thrive despite any challenges they may face due to a birth injury.

How Do I Know if My Doctor Cause my Child’s Birth Injury?

Determining whether your doctor caused your child’s birth injury can be a complex and emotionally challenging process. Birth injuries can occur due to a variety of factors, including medical negligence, complications during delivery, or unforeseen medical conditions. To ascertain if the birth injury was a result of your doctor’s actions, you may need to conduct a thorough investigation. This typically involves obtaining and reviewing medical records, consulting with medical experts, and possibly seeking legal advice. It is crucial to document every aspect of the prenatal care, labor, and delivery process to identify any deviations from standard medical practices. If you notice that your doctor failed to perform necessary interventions, improperly used medical equipment, or did not adhere to established protocols, these could be indicators of negligence.

Additionally, consulting with a specialized birth injury attorney can provide valuable insights into your case. These professionals are adept at examining medical records and identifying instances where the standard of care may have been compromised. They can also help gather testimony from medical experts who can evaluate whether the healthcare provider’s actions directly contributed to the birth injury. Filing a legal claim may also require demonstrating how the doctor’s negligence resulted in harm to your child.

The emotional toll of dealing with a birth injury is significant, and seeking support from healthcare professionals, counselors, and support groups can be beneficial. Understanding the cause of the birth injury is essential not only for potential legal recourse but also for ensuring that appropriate measures are taken to prevent future occurrences. By meticulously investigating the circumstances surrounding your child’s birth injury and seeking expert opinions, you can better determine if your doctor’s actions were responsible for the unfortunate outcome.

What Are the Most Common Birth Injuries?

Birth injuries are physical injuries that occur to an infant during the process of childbirth. The most common birth injuries include brachial plexus injuries, which affect the network of nerves controlling the arm and hand muscles, leading to weakness or paralysis. Additionally, bone fractures, especially of the clavicle or collarbone, are frequent due to the pressure exerted during delivery. Another prevalent birth injury is cephalohematoma, where blood accumulates between the skull and periosteum, often resulting from the use of forceps or vacuum extraction. Intracranial hemorrhage, a more severe condition involving bleeding inside the skull, can also occur due to traumatic delivery. Proper prenatal care and skilled medical intervention during labor can significantly reduce the risk of birth injury, ensuring a safer delivery for both mother and child.

What is a Birth Injury Lawsuit?

A birth injury lawsuit is a legal action taken by parents or guardians when an infant sustains injury during labor and delivery due to medical malpractice or negligence. This type of lawsuit aims to hold accountable the healthcare providers, such as doctors, nurses, and hospitals, responsible for the harm caused to the newborn. Birth injuries can include conditions like cerebral palsy, brachial plexus injuries, or brain damage, which may result in long-term or permanent disabilities. By filing a birth injury lawsuit, families seek compensation for medical expenses, ongoing care costs, pain and suffering, and other related damages. This legal process involves gathering evidence, expert testimony, and often requires specialized legal representation to navigate the complexities of medical malpractice law.

What Is the Statute of Limitations for a Birth Injury Lawsuit?

The statute of limitations for a birth injury lawsuit refers to the specific time frame within which legal action must be initiated following an incident of birth-related injury. The duration of this period can vary significantly depending on the jurisdiction in which the incident occurred and the particular circumstances surrounding the case. Typically, this statute is designed to ensure that claims are brought forth while evidence is still fresh and witnesses can accurately recall events. In many states, the statute of limitations for a birth injury lawsuit might be between two and four years from the date of the injury. However, some states may have extended statutes specifically for cases involving minors, recognizing that the full impact of a birth injury may not be immediately apparent. In Tennessee, you have just one year to file suit from the time of the injury.

It is crucial for parents and guardians to be aware of these legal timeframes to safeguard their rights to seek compensation for any harm caused during childbirth. Legal advice from a Nashville birth injury lawyer should be sought promptly to understand the specific deadlines applicable to their situation. In some instances, exceptions to the standard statute of limitations might apply, such as “discovery rules,” which allow for legal action to be taken within a certain period after the injury is discovered rather than when it occurred. Additionally, if medical malpractice is involved, different rules might pertain. Consulting with an experienced birth injury lawyer in Nashville who specializes in birth injury lawsuits can provide clarity on these complex legal nuances and help determine the best course of action for pursuing justice and appropriate compensation for affected families.

How Much Does it Cost to Hire a Birth Injury Lawyer in Nashville?

It does not cost anything to hire a Birth Injury Lawyer in Nashville. Typically, birth injury lawyers like the Law Offices of Timothy L. Miles work on a contingency fee basis, meaning they only get paid if they win the case. This fee usually ranges from 25% to 40% of the settlement or court award. Additionally, there may be other costs involved such as court fees, expert witness fees, and administrative expenses, which could be billed separately or included in the contingency fee agreement but the attorneys will advance these cost and you will not be responsible if the event the case is dismissed. It is crucial to discuss all potential costs during the initial consultation to ensure clarity and avoid any unexpected financial burdens. Hiring an experienced Nashville Birth Injury Lawyer can be essential in navigating the complexities of birth injury claims and securing the compensation necessary for the child’s future care and well-being.  The call is free and so is the fee unless we win or settle your case, so call today and see what a birth injury lawyer in Nashville can do for you.

When it comes to a birth injury lawyer in Nashville,  one name that immediately pops up is nationally known and widely respected Nashville birth injury lawyer Timothy L. Miles, who has valuable experience and has received numerous awards, mostly due to his high ethical standards, and hard work ethic, including  being named an Avvo Rated Top Lawyer 2024 by AVVO, Top 25 Class action lawyer by the National Trial Lawyers Association (2023-present), Top 25 Mass Torts lawyer by the National Trial Lawyers Association (2025-present); a Top 100 Civil Plaintiff Trial Lawyer by the National Trial Lawyers Association (2017-present) and has maintained an AV rating from Martindale-Hubble since 2014 (2014-present), was named a 2025 Top Rated Litigator (2019-present) and 2025 Top Rated Lawyer (2019-present) and 2025 Elite Lawyer of the South by Martindale-Hubble (2019-present), and was a recipient of the Avvo Client’s Choice Award in 2021, in 2022 was featured in the Top 100 Lawyers Magazine (2022) and received the Lifetime Achievement Award by Premier Lawyers of America (2019–2021).

​This will be the only call you need to make. (855) 846–6529 or [email protected]. The call is free and so is the fee unless we win or settle your case.

How Long Does a Birth Injury Lawsuit Take?

The duration of a birth injury lawsuit can vary significantly based on a variety of factors, including the complexity of the case, the availability of evidence, and the willingness of parties to reach a settlement. On average, it could take anywhere from several months to several years to resolve a birth injury lawsuit. Initially, a thorough investigation is conducted by your Nashville birth injury lawyer to gather all necessary medical records and expert testimonies. This stage alone can take several months. Following this, the case may enter into negotiations or mediation to attempt a settlement outside of court, which could either expedite the process or extend it depending on the parties’ cooperation.

If a settlement cannot be reached, the case will proceed to trial, which involves additional time for court schedules, pre-trial motions, and the trial itself. Trials can add another year or more to the timeline depending on the jurisdiction and complexity of the litigation. Throughout this period, your Nashville birth injury lawyer will work diligently to ensure all legal procedures are meticulously followed to build a strong case and achieve the best possible outcome. Patience and clear communication with your legal team are crucial as they navigate through these intricate legal processes.

What is the Standard of Care in a Birth Injury Lawsuit?

In a birth injury lawsuit, the standard of care refers to the level of care and professionalism that a reasonably competent healthcare provider would offer under similar circumstances. This standard is crucial in determining whether medical negligence occurred during childbirth, which may have led to injuries to the mother or the newborn. To establish a breach of this standard, evidence must be presented showing that the healthcare provider deviated from accepted medical practices, resulting in harm. In Nashville, for instance, a birth injury lawyer plays a vital role in gathering evidence, consulting medical experts, and presenting a compelling case to ensure just compensation for affected families. Understanding the standard of care can help plaintiffs and their legal representatives build a strong case to hold negligent parties accountable.

In cases where a birth injury lawsuit is filed, the plaintiff must demonstrate that the healthcare provider’s actions fell below the established standard of care and directly caused injury. This often involves intricate legal and medical scrutiny, requiring the expertise of a knowledgeable Nashville birth injury lawyer. These legal professionals are adept at navigating the complexities of medical malpractice law, securing expert testimonies, and understanding the nuances of birth-related injuries. By meticulously analyzing medical records and procedural adherence, they strive to establish clear connections between negligence and injury. This rigorous process ensures that families receive the justice and financial relief needed to address the consequences of preventable birth injuries.

What is a Birth Injury Settlement?

A birth injury settlement is a financial agreement reached between the parties involved in a birth injury lawsuit. This settlement aims to provide compensation to the affected child and their family for the injuries sustained during childbirth due to medical negligence or malpractice. The compensation can cover medical expenses, ongoing care, and other related costs. A Nashville birth injury lawyer can assist families in navigating the complexities of such legal cases, ensuring they receive fair compensation for their losses. By securing a birth injury settlement, families can focus on their child’s recovery and future well-being without the added stress of financial burdens.