What is a birth trauma claim and how can it be used in a birth injury lawsuit?
A birth trauma claim is a legal action brought forward to seek compensation for the physical and emotional damages suffered due to a birth injury. It is used in a birth injury lawsuit when the injured person or their family members can prove that the injury occurred due to the negligence of a medical professional or facility. In Tennessee, such a claim is made under the laws of medical malpractice and/or premises liability. In order to win a birth trauma claim, the plaintiff (the party filing the lawsuit) needs to prove that the medical professional (or the medical facility) owed a duty of care to the baby or the mother, that the duty of care was breached, and that the breach of duty caused the injury. Additionally, damages must be demonstrated to be linked to the breach of duty. Examples of damages that a plaintiff can request in a birth trauma claim include physical or mental suffering, medical costs, loss of wages, and pain and suffering. The amount of compensation received will depend on the severity of the injury, the age of the baby, and the life expectancy of the baby. In Tennessee, the statute of limitations on a birth trauma claim is considered valid for up to a year after the injury has occurred, or up to a year after the plaintiff discovers the injury. It is important that a birth trauma claim is filed within the statute of limitations, or else the right to compensation is forfeited.
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