Does birth injury law cover wrongful death cases?
Yes, birth injury law covers wrongful death cases in Tennessee. When a child dies as a result of medical negligence, the family can file a wrongful death lawsuit against the medical provider. Under Tennessee law, a wrongful death lawsuit is based on the concept that if a patient had not died, he or she would have been able to bring a medical malpractice case for the injury or illness. In Tennessee, in order to qualify for a wrongful death suit, two criteria must be met: 1) the death was caused by someone’s negligence or misconduct; and 2) the deceased would have had a claim for damages had they been able to bring one before death. Both of these elements are present in birth injury cases, as medical providers may sometimes be found to have acted negligently in the treatment or care of a mother and/or newborn, leading to the death of the child. The damages available for a wrongful death suit in Tennessee include compensatory damages (such as medical and funeral expenses) as well as punitive damages (for reasonable and foreseeable emotional distress suffered by the family). A successful wrongful death lawsuit can thus provide the family with some financial protection against an otherwise overwhelming burden.
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