Nashville Birth Injury Lawyer

Under Tennessee law, you must prove a defendant is liable for an injury to collect compensation from them. Births often involve a lot of personnel, including doctors, nurses, and other staff members. The doctor, nurse, or staff member directly responsible for a birth injury could be held liable.

In some cases, the hospital where the delivery occurred could also be liable if it failed to properly vet and train its employees. A thorough investigation into the circumstances of your case can determine which parties are at fault. 

Generally, to win a birth injury case, you must prove four things:

• Duty of care. The medical professional must have owed a duty of care, meaning they had a legal obligation to meet the applicable standard of care when treating you and your child.
• Breach of the duty of care. You must show the medical professional breached their duty by failing to exercise the reasonable degree of care and skill that a similar health care provider would use in the same situation. 
• Causation. The medical professional’s breach of duty must have caused your child’s injuries. 
• Damages. You must show that you or your child suffered damages from the provider’s breach of duty.

The first step in filing a lawsuit is to provide the proper pre-suit notice to the allegedly negligent parties. Under Tenessee law, you must send the required notice to each health care provider you will name as a defendant at least 60 days before filing the complaint. In addition, you must meet other specific statutory requirements in a Tennessee medical malpractice or health care liability lawsuit. These can be complicated, so it’s important to consult with a Nashville birth injury attorney at NST Law as soon as possible.