What is obstetrical malpractice and how do I prove it?
Obstetrical malpractice is a form of medical malpractice related to childbirth that occurs when a medical professional fails to provide appropriate care before, during, or after delivery. This can result in significant physical, emotional, and financial harm to the mother, child, or both. In Tennessee, a patient or family member must prove that the doctor or other healthcare provider was negligent in providing medical care and that the negligence resulted in harm. To prove obstetrical malpractice, the patient or family member must establish four elements: 1) a valid doctor-patient relationship, 2) a duty of care owed to the patient, 3) a breach of the duty of care, and 4) an injury caused by the breach of care. First, it must be established that there was a valid doctor-patient relationship, meaning that the medical professional was responsible for providing medical care to the patient. Second, the medical professional owed the patient a duty of care, meaning that they had a legal obligation to provide care that meets or exceeds the accepted medical standard of care. Third, it must be shown that the medical professional breached this duty of care, meaning they failed to act in accordance with the accepted medical standard. Fourth, it must be proven that the medical professional’s breach of care resulted in an injury, such as a birth injury, to the patient or child. If these elements can be established, the patient or family member may have a claim for obstetrical malpractice. It is important to note that proving obstetrical malpractice can be difficult and may require the testimony of an expert witness with knowledge of the accepted medical standard of care. It is advisable to contact an experienced birth injury attorney to assist with your claim.
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