What are the elements of a birth injury claim?

In Tennessee, a birth injury claim must have four elements to be successful. First, you must be able to demonstrate that an injury during the birth process was caused by the medical professional’s negligence. Determining negligence requires showing that the medical professional failed to provide a reasonably skillful and adequate medical care and that this failure led to the injury. Second, you must be able to demonstrate that the medical professional owed you a duty. This means that the medical professional was responsible for your health and safety during the birth process. Third, you must demonstrate that the medical professional’s negligence or lack of due care actually resulted in a birth injury. You must show that the medical professional’s negligent action was the direct cause of the injury. Fourth, you must demonstrate that the birth injury caused damages. Damages in birth injury cases can include medical expenses, emotional distress, and loss of future earnings. These four elements must be present for a birth injury claim to be successful. It is important to remember that if any of these elements is not present, the claim will likely fail. It is also important to retain an experienced attorney to help with your claim, as birth injury claims are often very complex.

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What are the elements of a birth injury claim?

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