What is the difference between medical malpractice and birth injury?

Birth injury and medical malpractice are two distinct concepts that involve a medical professional’s negligence or poor medical care. Medical malpractice, in general, occurs when a healthcare provider has not provided the expected standard of care to their patient, resulting in the patient sustaining an injury or damage. Birth injuries, however, are specific to the medical care of a newborn child. Birth injuries are often seen as a result of medical malpractice, or medical negligence, but not all birth injuries are considered medical malpractice. These injury types could include pneumonia, anoxia, cerebral palsy, Erb’s palsy, and many more, often due to a lack of proper antenatal care. In order for an incident to be considered medical malpractice, the harm must have been a result of negligent medical care. In the state of Florida, birth injury law is subject to the same statutes of limitations as medical malpractice. Victims of medical malpractice or birth injury must file a claim within two years of the date of injury or the date of discovery. Depending on the situation, some claimants may have additional time to file a lawsuit within the following four year’s window. In Florida, victims of medical malpractice or birth injury may be awarded monetary compensation in the form of economic and non-economic damages. Economic damages refer to the costs associated with medical care, while non-economic damages refer to pain and suffering. Depending on the severity of the injury, legal expert witnesses and other evidence may be necessary to prove negligence and pursue a successful lawsuit.

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What is the difference between medical malpractice and birth injury?

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