What damages are available in a birth injury lawsuit?
In Tennessee, birth injury lawsuits can be filed if the injury was due to the negligence of a doctor, hospital, or nurse. In these cases, the injured party may be entitled to compensation for the damages caused by the injury. Generally, damages available in a birth injury lawsuit include medical expenses, lost wages, and pain and suffering. Medical expenses are the costs of any treatments, procedures, or medications required to treat the injury. This could include doctor’s visits, surgeries, physical therapy, prescription medications, or any other medical costs associated with the injury. Lost wages cover any lost income due to the injury. If the injury prevents the plaintiff from going to work or performing their job duties, they can receive compensation for the wages lost due to the injury. Finally, pain and suffering compensates the plaintiff for the physical and emotional distress suffered due to the injury. This can include physical pain, emotional distress, and any other psychological effects of the injury, such as depression or anxiety. In some cases, punitive damages may also be granted. These damages are intended to punish the responsible party and to serve as a deterrent, as they are significantly higher than compensatory damages. However, punitive damages are not available in every birth injury case.
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