What is the burden of proof for a birth injury claim?
The burden of proof for a birth injury claim in Tennessee is the same as any other civil claim: the preponderance of evidence. This means that the party who has filed the claim, usually the parents of the injured child, must show that there is a greater likelihood than not that the negligent medical care they received caused the injury or illness. The parents must show that there was a deviation from reasonable care. A reasonable care standard is what a medical or other professional is expected to provide, given the circumstances. So, if a doctor does not take the necessary steps to ensure a smooth delivery, then that may be a breach of the reasonable care standard. Once the parents have presented evidence that the doctor or medical team did not meet the reasonable care standard, the burden of proof shifts to the defendant: the medical provider. They must then demonstrate that their treatment was in line with the reasonable care standard. It is essential to keep in mind that the burden does not have to be met beyond a reasonable doubt, or by a unanimous jury; the plaintiff must simply show that their case is more likely than not the truth. Ultimately, the burden of proof for a birth injury claim in Tennessee is the same as any other civil claim, and the plaintiff must prove their case by a preponderance of the evidence.
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