What is the difference between medical malpractice and birth injury?
The primary difference between medical malpractice and birth injury is the intent of the party that caused the injury. Medical malpractice occurs when a medical professional, such as a doctor or nurse, intentionally or negligently fails to provide care that meets generally accepted medical standards. Birth injury, on the other hand, does not involve any intentional act on the part of the medical professional responsible for the injury. It is usually the result of medical negligence or a medical mistake made during the labor and delivery process. In the state of California, medical malpractice is a form of professional negligence. A patient can sue a medical professional for medical malpractice if the professional’s actions did not meet the accepted standard of care or if the professional deviated from that standard of care. In some cases, the patient may be eligible to receive compensation if they can prove that the medical professional’s negligence or mistake caused the patient’s injury or illness. Birth injury, on the other hand, is typically caused by the medical professional’s failure to provide the mother or baby with the appropriate care during labor or delivery. This type of medical negligence or mistake can cause physical, cognitive, or emotional damage to the infant. In most cases of birth injury in California, the doctor or nurse is liable for the injury, and the injured party may be eligible to receive compensation.
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