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FAQ: Birth Injury Rights

Focused, personal representation for Tennessee families and businesses, with offices in Nashville and Memphis.

Last Updated: Aug 25, 2026

Read Time: 3 mins

A birth injury occurs when bodily damage is caused to a newborn before, during or after being born. Legally, a birth injury can refer to injuries sustained while in the pregnancy stage as well. Below, we go over common questions patients may have when it comes to information and legalities surrounding birth injuries.

What are Birth Injury Conditions?

There are many scenarios and injuries that can be associated with poor medical practices. The most common birth injuries can include the following:

- Brachial Plexus Injury (Erb’s or Klumpke’s Palsy)

- Cerebral Palsy (impaired motor function)

- Spina Bifida (failure of embryonic neural tube to seal before birth)

- Premature Birth (due to overdose of folic acid)

- Cerebral Ischemia (reduced blood flow)

- Pulmonary Hypertension (difficulty breathing)

- Cephalohematoma (bleeding surrounding skull due to improper use of forceps or other birthing tools)

Intellectual Disability (due to trauma during labor or delivery)

What are Signs My Doctor is At-Fault?

If any of the above birth injury conditions were diagnosed of your baby, your doctor or medical team may be at fault. Additionally, if you witness bruises, swelling, unusual bleeding, cuts, and/or fractures on your newborn after delivery, improper practices may have occurred.

How Can I Seek Compensation?

You can seek the professional advice of an experienced birth injury attorney trusts to evaluate your circumstances. By providing as much detail and evidence as possible about what happened, your attorney can help you decide if you have a solid case against your doctor or medical provider. If the complications that arose could have been prevented, it is possible you were treated in a negligent or reckless manner during pregnancy or delivery by hospital staff members.

What are Some Harmful, Yet Preventable Actions?

A birth injury of an infant can be preventable. The most common behaviors committed by staff during pregnancy or delivery can include:

- Twisting, pulling or moving infant improperly during birth

- Negligent handling and usage of tools that assist with delivery (forceps, vacuum extraction tools)

- Administration of incorrect type or amount of medication to mother during the pregnancy stage or delivery period

- Failure to observe the infant for distress or irregular/fading heartbeat

Failure to schedule and promptly perform an emergency C-section

Are There Any Future Consequences?

Due to the seriousness and severity of injuries your newborn can sustain due to a medical malpractice, there may be future long-term impacts. Some signs of further medical issues include:

- Decrease in Stamina & Strength

- Impairment of Cognition

- Impairment of Emotions

- Failure of Bone Structure to Develop Correctly

- Joint Dysfunctions or Osteoarthritis

- Psychological Problems

- Lack Of or Decrease in Nerve Sensations

Learning Difficulties in School

It is important to find legal representation if you believe your baby could have suffered from medical negligence or malpractice during any stage of your pregnancy. By using the above information as a guide, it can help you decide if your medical team could have been at fault.

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Client Reviews

    
 
 
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   Nancy Wallace 
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 Trustindex verifies that the original source of the review is Google. If you are looking to do estate planning, go with Patterson Bray! They are excellent to deal with!
  
 
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   Cheryl Adkins 
 2 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We loved the staff at Patterson Bray.  Everyone was very professional.  Judith was very thorough and explained everything extremely well.  We would recommend Patterson Bray to anyone.
  
 
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   Hailey Wade 
 26 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC did an excellent job with my grandmother's estate planning, and made everything easy to understand! She recommended them to a friend who went and is also very satisfied with their services.
  
 
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   Deb Clark 
 31 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My experience with this firm, particularly Judith Denham has been truly exceptional.  From the consultation to the finish, the attention to detail, listening and responding to my needs.  My documents were completed timely and professionally.  I highly recommend Patterson Bray.
  
 
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   Tanya White 
 31 days ago
 
 
 Trustindex verifies that the original source of the review is Google. PattersonBray Estate Planning was an incredible firm to work with setting up our Trust. Judith Denham was thorough, very smart, and personable as she patiently explained each part.  Gabby put together  a very professional beautiful binder for us to have, and has answered questions we have had since  then. I am so glad they were recommended to us, and we had them to walk us through this procedure.
  
 
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 32 days ago
 
 
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 48 days ago
 
 
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 68 days ago
 
 
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 74 days ago
 
 
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   Pam Nicole 
 75 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We set up a trust with Judith, at Patterson Bray and we received excellent service. Everything was explained thoroughly and everyone was very friendly and professional. I would definitely use her and the firm again, if needed.

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FAQ: Birth Injury Rights

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