What is the difference between medical malpractice and birth injury?
The difference between medical malpractice and birth injury is that medical malpractice can refer to any negligence or negligence-related behavior on the part of a medical professional, while birth injury specifically refers to harm caused to a baby during the process of childbirth. Medical malpractice is any negative or harmful action taken by a medical professional that falls outside of the accepted standard of care. This could include the incorrect diagnosis, misdiagnosis, or failure to diagnose a health issue. It could also include failure to provide the correct treatment or treatment in a timely manner. Medical malpractice can happen at any point in the medical process and can lead to serious physical, emotional, and financial impacts. Birth injury, on the other hand, specifically refers to harm caused to a baby during the process of childbirth. This could include damage to the baby’s brain, broken bones, or other physical trauma. It could also include oxygen deprivation, which can lead to permanent brain damage or other conditions. The legal concept of medical malpractice is a broader one that covers a variety of issues, while birth injury specifically points to harm caused to a baby during the childbirth process. In Oregon, the laws governing medical malpractice and birth injury are the same, and both are overseen by the Oregon Judicial Department.
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