What is the difference between a birth injury claim and a wrongful death lawsuit?

In Tennessee, birth injury law refers to the legal process by which victims of medical negligence or malpractice recover damages for their injuries. Birth injury claims and wrongful death lawsuits are two different legal actions that may be available to families in the event of a serious birth injury or infant death. A birth injury claim is a civil action brought against a doctor, nurse, or other health care provider who is responsible for a preventable medical error that caused or contributed to the injury of a newborn. In this type of case, the plaintiff (parent or guardian of the newborn) is seeking compensation for physical and emotional harm suffered by the newborn as a result of the negligence. This type of legal action does not seek to hold a health care provider criminally accountable. A wrongful death lawsuit, on the other hand, is a civil action brought against a responsible party when a death is caused by a preventable medical error, negligence, or recklessness. In a wrongful death lawsuit, the plaintiff (usually the surviving family members of the deceased) is seeking compensation for the financial loss of the victim, such as lost wages, medical expenses, and funeral costs. This type of case also seeks to hold the responsible party civilly accountable, as punitive damages may be sought to punish the negligent party. In both a birth injury claim and wrongful death lawsuit, victims and families may be eligible to receive compensation for their losses. However, the types of cases, the legal theories used, and the damages sought can differ significantly. It is important to consult with a qualified Tennessee attorney to determine which type of legal action may be available to a particular family in the event of a birth injury or infant death.

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What is the difference between a birth injury claim and a wrongful death lawsuit?

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