What is the “standard of care” for birth injury claims?
The “standard of care” in birth injury claims is the legal guideline of what a healthcare professional is expected to do under the circumstances. It is the basis for determining whether a healthcare provider was negligent in the care of a patient, in this case a mother or baby during childbirth. Under Tennessee law, healthcare professionals must follow the “standard of care” by providing medical care that is within their current level of expertise, adequate and appropriate for the condition of the patient. If a healthcare professional fails to provide care that meets the standard of care, this could be considered negligence and give rise to a birth injury claim. For a birth injury claim to be successful, the plaintiff must show that the defendant (i.e. the healthcare professional and/or facility) failed to meet the standard of care for the situation. This means that the plaintiff must prove that the defendant breached their duty of care to the mother or baby during childbirth, and that this breach was the cause or a significant factor in the resulting injury. The standard of care is established through the testimony of expert medical witnesses, who can explain what the accepted standard of care is for the particular circumstances. Thus, the standard can vary from one birth injury case to another, depending on the facts. Establishing that a healthcare provider did not meet the standard of care is a key factor in any birth injury claim in Tennessee.
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