What is negligence in birth injury cases?

Negligence in birth injury cases refers to the failure of a medical professional to provide a reasonable level of care. This can occur in a variety of ways, such as when a doctor fails to diagnose a medical condition, fails to respond to signs of distress during labor, or uses inadequate medical techniques during delivery. In Tennessee, medical negligence usually occurs when a medical professional fails to meet the “standard of care” – the healthcare that should have been provided given the medical condition of the patient. In order to prove medical negligence in a birth injury case, a claimant must show that the medical professional breached their duty of care, that the breach caused harm to the patient, and that the patient suffered damages as a result. If a claimant can prove that a medical professional was negligent and caused harm, then the claimant may be entitled to compensation for their losses. Such compensation might include medical expenses, lost wages due to time off work, and pain and suffering.

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