Birth Injury

Trusted Lebanon Birth Injury Lawyers Protecting Families

Representing injured children and their parents in Mt. Juliet, Cookeville, and across Tennessee

A birth injury can be a devastating experience. After waiting so long for a baby’s arrival, most parents revel in the anticipation of a perfect, healthy newborn. When they receive the news that their child's injury might have been caused by a mistake on the part of the doctor, parents may become filled with sadness, rage, and then the determination to seek justice and do whatever they can to make sure that other parents never have to suffer from the same devastation.

At Lowery, Lowery & Cherry PLLC, our compassionate Lebanon birth injury attorneys are sensitive to the challenges that families who have been affected by birth injury face. We listen to your story, we investigate your case using medical experts to determine the cause of the injury, and we pursue compensation on your behalf. While we understand that no amount of money will ever restore your baby’s health or potential, it will pay medical expenses, and additional services your child might need, and it also serves as a deterrent to the at fault party. Talk to our personal injury attorneys today for compassionate legal guidance.

What is birth injury?

Birth injury, according to the Merck Medical Manual, is damage that occurs as a result of physical pressure during the birthing process, usually during transit through the birth canal. Most birth injuries resolve without treatment, but other, more serious injuries can have a lasting negative impact on the child's health and life.

We understand the complex nature of birth injury. We understand the life-altering ramifications for baby and parents. If your child sustained a birth injury that could have been because of medical negligence, our skilled birth injury attorneys are here to discuss your case and review your legal options for pursuing compensation.


Wonderful Job
"Jeff Cherry and his staff did a wonderful job on my Son’s case. I wouldn’t hesitate to recommend Mr. Cherry. Thank you, Mr. Cherry."


What are some examples of birth injuries?

There are many, almost countless examples of birth injuries including the following:

  • Brain injuries caused by oxygen deprivation, such as Hypoxic Ischemic Encephalopathy
  • Cerebral hemorrhage
  • Intraventricular, intracranial, or subconjunctival hemorrhage (different forms of bleeding on the brain)
  • Caput succedaneum, which is swelling on the baby's scalp after a prolonged period of pushing from the pressure of the mother's pelvic bones on the fetus's head in the birth canal
  • Cephalohematoma, which is bleeding between the skull and periosteum and can occur with improper use of forceps
  • Brachial plexus palsy, which may cause weakness in the affected hand or arm
  • Spinal cord injuries, which may cause paralysis
  • Fractures and bruising of the clavicle or collarbone during a difficult delivery

Is birth injury medical malpractice?

Birth injury is just one form of medical malpractice, which is legal negligence on the part of a medical professional. There are some specific elements required for a medical mistake to rise to the level of malpractice:

  • A doctor-patient relationship existed which establishes the medical professional's duty of care for the patient
  • The patient was injured
  • The doctor's actions or failure to act represented a breach in the accepted standard of care and was the direct cause of the patient's injury
  • The patient suffered damages because of the injury

Medical professionals have years of education and training to prepare them to care for patients. preventable medical errors often occur when medical professionals fail to follow the accepted standard of care for their specialty. Some examples of medical malpractice during childbirth and labor include:

  • Failure to monitor fetal vital signs during labor
  • Failure to order a timely Cesarean section
  • Negligent use of instruments, such as forceps or vacuum extractor

What are some of the contributing factors to birth injuries?

Some of the conditions that can contribute to difficult births, which can lead to birth injuries include:

  • Large babies who weigh more than 8 pounds, 13 ounces
  • Cephalopelvic disproportion, which means that the baby's head is too large to pass through the mother's pelvis
  • Dystocia, which is a difficult vaginal birth where the fetus is large or in an awkward presentation
  • Labor that goes on for too long with little progress
  • Abnormal presentation
  • Prematurity, which involves a baby born before 37 weeks

What’s the difference between a birth injury and a birth defect?

There may be some confusion between a birth defect might be, and what is considered a birth injury. A birth defect is a problem or abnormality which occurred early in the child's development within the womb. Birth defects are often genetic in nature and not preventable. Some of the more common forms of birth defects include issues such as cleft palate or Down syndrome. If the mother used a drug which was able to pass through the placenta, it could also cause a birth defect in the child.

Birth injuries occur because of something that happened during the process of childbirth. Birth injuries are typically a preventable medical error.

How a compassionate Lebanon birth injury attorney can help

If you are the parent of a child who was the victim of a birth injury because of medical negligence, you might benefit from consulting with an experienced birth injury lawyer. At Lowery, Lowery & Cherry, PLLC, we are here to fight vigilantly for your right to recover compensation for your injuries. Medical negligence is costly because it can have lasting detrimental consequences for the child’s life and for the family’s life.

As injury attorneys, we understand that the last thing that parents want to do is sue their baby’s doctor. But when their doctor’s negligence has led to the serious injury of their child, filing an injury lawsuit is your opportunity to obtain justice on behalf of your child, and to ensure that a similar mistake is not repeated.

A Lebanon birth injury attorney is ready to discuss your case and represent you in your pursuit of compensation for the pain and suffering, emotional distress, ongoing medical expenses and care that your child may need because of their birth injury.

Trusted Lebanon birth injury lawyers offer a free consultation to discuss your case

If your child has sustained a birth injury because of preventable medical negligence, we welcome your call to discuss your case. We serve clients in Mt. Juliet, Nashville, Lebanon, Cookeville, and throughout Tennessee. You may call 615-444-7222 or contact us at Lowery, Lowery & Cherry PLLC to ensure that your rights are promptly protected and that you obtain compensation for your injuries.