What is the difference between medical malpractice and birth injury?
Medical malpractice and birth injury both involve a doctor’s negligence in providing medical treatment. However, the two are distinct in several important ways. Medical malpractice is a form of negligence by a doctor or medical professional. This negligence can involve not providing a patient with the standard of care that is expected, or a mistake made by the doctor that harms the patient. In a medical malpractice lawsuit, the focus is on the doctor’s negligence and the injury it caused the patient. Birth injury is a form of physical injury to a newborn baby that is caused by the negligence of a doctor or medical professional. The focus of a birth injury lawsuit is usually on the birth process itself and the negligence of the doctor or medical staff, as opposed to medical malpractice which focuses on the medical treatment. Birth injury can include physical injuries that occur during labor or delivery, which could include bruising or lacerations. It can also include neurological damage that is caused by lack of oxygen, the use of forceps, or other medical mistakes that occurred during the birth process. The main difference between medical malpractice and birth injury is the scope of the negligence. Medical malpractice involves negligence that occurs during the medical treatment of a patient. Birth injury involves negligence that occurs during the birthing process and can result in physical or neurological damage to the newborn baby.
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