When can a birth injury claim be filed?
In Tennessee, a birth injury claim can be filed when the injury or disability sustained by the newborn is the result of negligence or malpractice on the part of a medical professional. The injury must be considered a direct result of the medical professional’s actions, errors, or omissions. If an injury occurred due to the lack of appropriate medical care or use of improper medical procedures, then a claim may be filed. Typically, a birth injury claim must be filed within one year of the date of the injury. However, a claim can also be filed within one year of when the injury was discovered, instead of from the date of injury. The statute of limitations in a birth injury case can be complicated, so it’s important to consult a birth injury attorney to ensure there is enough time to bring a claim and that all requirements related to filing are followed. In addition to the statute of limitations, another factor to consider is the age of the affected person. In Tennessee, a parent, legal guardian, or a conservator can bring a claim on behalf of a minor. If the affected person is over the age of 18, then they must bring the claim on their own. It’s important to note that filing a claim doesn’t guarantee that the case will be successful. A birth injury attorney can advise you on the potential outcome of your case and help you determine whether filing a claim is the best option.
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