Johnson City Birth Injury Lawyers

Birth Injury Attorneys Serving Tennessee

At The Haynes Firm, our Johnson City birth injury lawyers recognize that having a baby who has suffered injury during birth can be a profound source of pain and disruption. Sometimes these situations are unavoidable. Other times, however, birth injuries can be avoided through reasonable medical care before, during, and after the birthing process. Our dedicated team is committed to providing understanding and compassionate legal representation to families affected by these devastating events.

Birth injuries can be among the most life-altering events for a child and their family, adding not only emotional distress but also significant financial strain. At The Haynes Firm, our birth injury attorneys work tirelessly to secure the justice and compensation your family deserves. We understand the challenges that come with raising a child who has special needs due to a birth injury. We are here to support you not only in seeking fair compensation, but also in managing life’s new challenges. Our experienced lawyers will fight to ensure that your child’s future opportunities are as boundless as possible, opening doors that otherwise might remain closed.
To schedule a FREE and confidential case review with one of our birth injury lawyers, contact The Haynes Firm online or call us at 423-928-0165 today. Located in Johnson City, we advocate for children and their families throughout Tennessee.

Common Birth Injuries

Medical negligence can and does lead to hundreds of birth injuries in the United States every year. These injuries vary greatly, both in type and severity, largely depending on the nature of the error that occurred.

Common birth injuries and resulting complications include:

Cerebral Palsy

Cerebral palsy is a neurological disorder often resulting from oxygen deprivation, reduced blood flow to the brain, or developmental abnormalities before or during birth. This condition can lead to various long-term complications, including difficulties with muscle control, coordination, and posture. Children with cerebral palsy may also experience associated conditions such as intellectual disabilities, seizures, and vision or hearing impairments. Managing cerebral palsy typically requires a multi-disciplinary approach, including physical therapy, occupational therapy, and specialized educational support to enhance the child’s capabilities and quality of life.

Erb’s Palsy and Brachial Plexus Palsy

Erb’s Palsy and Brachial Plexus Palsy, commonly arising from shoulder dystocia during birth, involve injury to the group of nerves responsible for moving the arms. This condition often occurs when there is excessive pulling on the shoulders during a head-first delivery or when delivering a baby’s shoulders during a breech birth. The impact of these injuries can be profound, affecting a child’s ability to move their arm and perform daily activities. Despite these challenges, many children with Erb’s Palsy can lead fulfilling lives with the right treatment and support.

Hypoxia/Anoxia

Hypoxia and anoxia, conditions characterized by insufficient oxygen to the brain around the time of birth, can cause severe and lasting effects. Potential complications include cognitive impairments such as learning disabilities and memory problems, as well as physical disabilities that may require ongoing physical therapy. Early intervention with occupational therapy and specialized educational support can be crucial in helping affected children achieve their developmental milestones.

Urological Injuries

Urological injuries during birth can lead to conditions such as urinary incontinence or urinary tract infections, which may require long-term management or even surgery. These complications can significantly affect a child’s quality of life, necessitating specialized urological care and possibly ongoing medication. Parental support and appropriate medical treatment are key to managing these health issues effectively and minimizing their impact on the child’s day-to-day life.

Nerve and Brain Damage

Nerve and brain damage resulting from birth injuries can lead to a range of complications, from mild cognitive delays to severe physical disabilities. Management might include comprehensive neuro-rehabilitation, cognitive therapy, and specialized educational programs tailored to the child’s specific needs. Supportive interventions such as speech therapy, occupational therapy, and physiotherapy are often essential to help the child develop functional skills and improve quality of life.

Broken Bones and Fractures

Broken bones and fractures, particularly in the clavicle or skull, can occur during difficult deliveries. Such injuries may cause immediate pain and require careful treatment to ensure proper healing and growth.

Cephalohematoma

Cephalohematoma involves a hemorrhage under the skin of a newborn’s skull, typically due to birth trauma. While it usually resolves without serious long-term effects, rare complications such as jaundice, anemia, or in very uncommon cases, infection, can occur. These potential issues necessitate careful monitoring and appropriate medical intervention. With proper care, most infants recover completely.

Our Johnson City Birth Injury Lawyers Are Here to Help

Regardless of the type of birth injury your child suffered, they may now face a lifetime of challenges. At The Haynes Firm, our birth injury attorneys understand that these challenges often come with a hefty price, financially, physically, and emotionally. These should not be yours—or your child’s—burden to bear. We are here to listen to how your child’s birth injury has impacted your life, help you understand your rights and legal options, and guide you toward the best path for seeking the fair and full compensation your family deserves.

Common Causes of Birth Injuries

Birth injuries can be caused by a variety of factors. Among the most common are:

• Medical Negligence During Delivery: This includes errors made by healthcare professionals, such as misjudging the size of the baby, improperly handling the delivery, or failing to anticipate complications.
• Improper Use of Birthing Tools: The misuse of tools like forceps or vacuum extractors can lead to severe injuries. These tools, when used incorrectly, can exert excessive force on the baby, leading to trauma.
• Failure to Respond to Fetal Distress: Fetal distress can occur if the baby does not receive enough oxygen during delivery. To prevent injury, medical staff must monitor and respond promptly to these signs.
• Delays in Performing Necessary Medical Procedures: Timely medical interventions, such as cesarean sections, are critical when the mother or child is at risk. Delays can lead to prolonged distress for the baby, resulting in serious injuries.

When birth injuries result from medical malpractice, those responsible—whether doctors, nurses, or healthcare facilities—can be held liable. At The Haynes Firm, our birth injury lawyers conduct thorough investigations into each case helping to identify all signs of negligence and ensure each liable party is held to full account. Leveraging over 70 years of combined legal experience, our approach ensures that all aspects of the incident are covered, helping to increase the likelihood of a favorable outcome.

What Compensation Can You Seek Following a Birth Injury?

Victims of birth injuries in Tennessee may be entitled to various forms of compensation to address the immediate and long-term effects of medical malpractice. These include:

• Current and Future Medical Bills: Compensation can cover all medical expenses, including surgeries, hospital stays, medications, and any future medical treatments.
• Rehabilitation Costs: This includes physical therapy and any other rehabilitation services needed to help the child reach their fullest potential.
• Home Nursing and Care: This type of compensation covers professional home care services, which may be necessary depending on the severity of the injuries.
• Educational Needs: If the child has developmental delays, compensation can include special education services.
• Future Earning Capacity: If the injury affects the child’s ability to earn a living in the future, compensation can account for this loss.
• Pain and Suffering: This is compensation for the physical pain and emotional distress suffered by the child and their family.
• Loss of Quality of Life: This can include funds to help accommodate any lifestyle changes needed due to the injury, such as home modifications.

The experienced Johnson City birth injury lawyers at The Haynes Firm take time to fully evaluate the ways these injuries have and may continue to impact children and their families. By taking this comprehensive view, we work to make clear the damages your family may be entitled to seek through legal action.

The Statute of Limitations for Birth Injury Claims in Tennessee

In Tennessee, the statute of limitations for medical malpractice claims—including those for birth injuries—is generally one year from the date of injury. However, for minors, there is an exception that may allow the statute of limitations to extend for up to three years from the date that the cause of action accrues.

Additionally, there is a discovery rule that can extend the filing period to one year from the date the injury was discovered or should have been discovered with reasonable diligence. This is still subject to an absolute limit of three years from the date of the act or omission that caused the injury unless there is evidence of fraudulent concealment by the healthcare provider​​.

These exceptions are particularly important in cases involving children, as symptoms or issues related to medical malpractice at birth might not become apparent until the child grows older. However, it is always a good idea to speak with a birth injury attorney as soon as an issue becomes apparent. Even with exceptions, waiting to file a claim can complicate the process of seeking compensation.

Why Choose The Haynes Firm for Your Birth Injury Case?

At The Haynes Firm, we know that handling a birth injury claim requires a deep understanding of medical processes and a strategic approach to legal advocacy. Our birth injury attorneys are well-versed in the nuances of medical malpractice, especially in analyzing critical evidence such as fetal monitor strips and indicators of fetal distress to establish the grounds for negligence and build a robust case.

In cases we feel have merit, our attorneys consult with leading physicians and medical experts, enhancing the likelihood of a successful outcome for your case. We approach each birth injury claim with the care and diligence it deserves, ensuring that every family we represent receives personalized attention and aggressive representation to secure the compensation and support necessary for their child’s future.

Committed to Helping Parents, Children, & Families

Every parent wants their child to grow up with the greatest opportunity for success. When a child has suffered from an avoidable birth injury, that success often depends on obtaining appropriate compensation to open opportunities that would not otherwise exist.

When you trust your case to our birth injury attorneys, your desire for your child’s future success becomes our own. We are committed to standing by your side and fighting for the justice your family deserves as we help you navigate the challenging journey toward recovery.

Contact Our Johnson City Birth Injury Lawyers for a FREE Consultation Today

To schedule your FREE case review at our Johnson City location, call The Haynes Firm at 423-928-0165 or use our online contact form to request a call from one of our attorneys. We have a long and proven history of helping families seek compensation following birth injury in Kingsport, Bristol, and throughout Tennessee.