What type of evidence do I need to prove a medical malpractice claim?
To prove a medical malpractice claim in Tennessee, the injured patient must be able to provide evidence that medical negligence or improper care was a direct cause of their injury. This can be difficult to prove without the help of a medical expert. The patient must demonstrate that a doctor-patient relationship existed, and that the doctor failed to adhere to the applicable standard of care. This standard is defined as the level of care that a reasonably prudent healthcare professional in the same specialty would have provided under the same or similar circumstances. The patient must provide reliable, credible evidence to demonstrate that a departure from the standard of care was the cause of their injury. This evidence must be reviewed by a qualified medical expert who can testify to the extent of negligence. This medical expert must be from the same medical specialty or field as the defendant. The patient must also provide evidence of the damages they suffered due to the malpractice. This can include medical expenses, lost wages, emotional trauma, or long-term or permanent disability. The evidence provided must demonstrate how the malpractice caused or contributed to the damages. In Tennessee, the injured patient must also provide evidence that the statute of limitations was not violated. The statute of limitations is the time period in which a legal action must be taken before it is barred by law. Ultimately, the patient must prove that the medical malpractice caused them harm and damages and that these damages are real and measurable. The evidence must be sufficient enough for a court to deem their case credible.
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