What is a breach of duty in a birth injury case?
A breach of duty is when a medical professional is legally obligated to provide a certain level of care to a patient, but fails to do so, resulting in harm. In Tennessee, this applies to birth injury cases. When a breach of duty occurs in a birth injury case, it means that something went wrong during the birth process that could have been prevented if the proper level of care had been provided. For example, if a doctor fails to properly monitor the baby’s vital signs or provide appropriate treatment for a medical condition the mother is experiencing during labor, this may be considered a breach of duty. In Tennessee, a plaintiff in a birth injury case must be able to prove that the medical professional’s negligence caused the injury in order to be successful. To do this, they must show that the medical professional failed to uphold his or her duty to provide the appropriate level of care — i.e., that there was a breach of duty. The plaintiff must also show that the breach of duty was the actual cause of the injury in question. If a breach of duty can be established, it can be used to prove that the medical professional was negligent and responsible for the injury. This, in turn, could lead to the awarding of damages to the plaintiff.
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