What is the difference between a birth injury claim and a medical malpractice claim?

A birth injury claim is a legal action that parents, or guardians, of an injured infant take against a doctor and/or hospital for harm sustained as a result of negligence during labor and/or delivery. This type of claim is made when an infant suffers from disabilities, illness, or death caused by the negligence of a doctor, nurse, or other medical personnel. A medical malpractice claim, on the other hand, is a legal action taken against a health provider for harm caused by their failure to follow standard protocols and procedures, or for “medical errors.” Examples of medical malpractice are when a doctor makes a wrong diagnosis, fails to diagnose a condition, performs a wrong procedure, or administers the wrong treatment. The primary difference between a birth injury claim and a medical malpractice claim is the target of the claim. Birth injury claims are made against doctors and/or hospitals, while medical malpractice claims are made against the medical personnel responsible for the harm, such as a doctor or a nurse. Additionally, the claimant in a birth injury claim is the legal guardian of the injured infant, while the claimant in a medical malpractice claim is typically an individual affected by the negligence of a medical provider. In California, when filing a birth injury claim or a medical malpractice claim, evidence must be presented that supports a claim of negligence. Additionally, the potential award for a successful birth injury claim is generally much higher than for a successful medical malpractice claim due to the lifelong consequences for the injured infant.

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What is the difference between a birth injury claim and a medical malpractice claim?

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