If you or someone you love has been the victim of medical malpractice, you may be considering filing a wrongful death lawsuit. To succeed in such a suit, however, you will need to be able to prove that the death was caused by the negligence of a healthcare professional. Here’s what you need to know about how to do that in Tennessee.
To prove that a healthcare professional’s negligence caused the death of your loved one, you will need to establish three things: first, that the professional owed your loved one a duty of care; second, that this duty of care was breached; and third, that this breach resulted in the death of your loved one.
When it comes to pursuing a medical malpractice case, the first element you’ll need to show is that the healthcare professional had a professional relationship with your loved one. This can be proven by showing that the professional provided treatment or care for your loved one on more than one occasion. In some cases, it may also be necessary to show that the healthcare professional had a duty to provide care or treatment to your loved one.
For example, if the healthcare professional was working in an emergency room when your loved one was brought in, there would likely be a duty to provide care. Once you’ve established this professional relationship and duty of care, you can then begin to build your case by showing that the healthcare professional breached this duty through their actions (or inaction).
When it comes to medical malpractice, one of the first things you need to do is prove that the duty of care was breached. In other words, you need to show that the healthcare professional failed to provide care that met the accepted standard of care for their profession. This can be done in several ways, but the most common way is to show that the healthcare professional violated specific regulations put in place by the state of Tennessee.
Another way to show a breach of duty is to show that the healthcare professional failed to follow the accepted standard of care for their profession. Either way, if you can prove that the duty of care was breached, you have a good chance of winning your case.
When you are pursuing a wrongful death case, one of the most important elements that you will need to prove is causation. In other words, you will need to show that the defendant’s actions (or inaction) directly led to your loved one’s death.
To do this, you will need expert testimony from a medical doctor who can explain how the breach of duty led directly to the death. This expert testimony can be critical in persuading a jury to find in your favor.
Without it, it may be difficult to prove that the defendant’s actions were the direct cause of death. As such, it is important to consult with an experienced attorney who can help you secure the necessary experts and evidence to build a strong case.
If you’re considering filing a wrongful death lawsuit as a result of medical malpractice, it’s important to understand what you’ll need to prove to succeed. Establishing all three elements—a duty of care owed by the healthcare professional, a breach of this duty, and causation—can be difficult, which is why it’s so important to work with an experienced attorney who understands Tennessee law and can help build a strong case on your behalf.