Wrongful Death Lawyer Memphis, TN
Almost no one thinks they will need the help of a Memphis wrongful death lawyer when they are celebrating the birth of their child. When a birth injury occurs to a newborn that causes death, the family is usually caught up in frequent medical conferences and the all-consuming nature of caring for an injured baby. At some point, however, questions may arise regarding whether legal action may be possible against the hospital or individual doctor or nurse. Did malpractice occur? Did the doctor or nurse make avoidable errors during the birth that caused the child’s injury?
When you have questions like these, it is important to seek advice from qualified attorneys who have experience with birth injuries and wrongful death lawsuits. You need an honest and straightforward evaluation of your legal options. Or, you deserve to be told if your child’s birth injury was the result of an honest — though heartbreaking — mistake.
One of the hardest things a person can do is put a monetary value on the death of a loved one, especially if that loved one was a baby or child. Unfortunately, this is what happens when you file a wrongful death suit, and it is even harder to do when the deceased is your child. How does a court properly assess value for a child when they had no income or earning potential? The lawyers at Patterson Bray know that struggling with the loss of your child is one of the most difficult times in your life, and our firm is here to make the legal procedures less complex and easier to navigate while we work together to file your claim. Below, we will go over the information on birth injuries, the factors of wrongful death claims, and how a court typically comes to their decisions. If, however, you have further questions or if you would like to personally speak with one of our compassionate wrongful death lawyers in Tennessee, call our office now.
Get Advice From Experienced Birth Injury Attorneys
The law firm of Patterson Bray, located in Memphis, Tennessee, and with additional offices in Nashville, has a well-developed medical malpractice practice, and we have experience evaluating and handling birth injury cases as well as wrongful death cases.
We have enjoyed a record of success representing injured people in a range of medical malpractice cases, and we are always available to provide a free and confidential evaluation of your case.
One of the reasons for our frequent success on behalf of our clients is that we know first-hand how insurance companies build their defenses to such cases.
We Carefully Select the Birth Injury and Medical Malpractice Cases We Take on
We value quality over quantity. For that reason, we are selective about the birth injury cases we accept. Any medical malpractice case takes a lot of resources and can be difficult to prove — and we want each of our clients to rest assured that they are receiving high-quality personal attention and our best efforts on their behalf.
Types of Birth Injuries
Common types of birth injuries, any of which may lead to a successful claim of medical malpractice or medical negligence, include:
- Erb’s palsy
- Shoulder dystocia
- Injury to the brachial plexus nerves
- Caput succedaneum, or scalp swelling
- Cerebral palsy
- Cephalohematoma, or a collection of blood under the newborn’s scalp
- Neonatal stroke
- Paralysis
- Asphyxia
- Traumatic brain injury
- Forceps lacerations
- Subconjunctival hemorrhage, or broken blood vessels in the eye
- Placenta abruption
When a Birth Injury Leads to Wrongful Death
How does a court determine the value of a person’s life when a surviving family member files a claim? How does this differ when the deceased is a child? A Memphis wrongful death attorney can help answer these questions for you. Some factors a court will look at:
- The Deceased’s Earning Potential. One of the simplest factors in deciding a monetary value on a deceased person’s life is their earning potential. How much would this person have made if they were still alive until retirement? Thus, a court would look at the deceased’s health, their job title, their income, and their educational background and multiply it by the number of years until the standard retirement.
- The Defendant’s Reputation. Sometimes, the value assigned can depend on who the defendant is. If the defendant was a large pharmaceutical company that has had a reputation of making low-quality drugs that have not done well in testing, a judge and jury are more likely to make them pay. However, if the defendant was more sympathetic—a 1st-grade teacher, they might not make them pay as much.
How Does a Court Value the Wrongful Death of a Child or Newborn?
Unfortunately, it is not as simple as valuing the life of an adult. Because there is almost nothing to value—no education, career, or even reputation—a court will typically award parents a claim for their financial loss. A jury will usually use a work-life expectancy model to calculate a claim as accurate as possible for parents.
A Child’s Wrongful Death Damages
The damages a parent can collect for their child’s wrongful death are:
- Medical Expenses. Bills, hospital stays, or medication
- Loss of Consortium. Loss of love and companionship
How Can a Memphis, TN Wrongful Death Lawyer Help You?
When someone else’s negligence causes the loss of a loved one, it is painful no matter what. This pain can feel tenfold when it is the loss of your child because of a birth injury. We at Patterson Bray believe that no parents should ever have to bury their child, and we can help you hold those responsible accountable for their actions. If your child died from a birth injury because of someone else’s negligence, reach out to a wrongful death lawyer that Memphis trusts today.