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

The difference between a birth injury claim and a medical malpractice claim is that a birth injury claim focuses on damages caused during the birthing process. This could include injuries sustained by the mother during labor and delivery, or the newborn infant due to medical negligence. On the other hand, a medical malpractice claim is filed when a health care provider is responsible for the injury or harm to a patient due to their negligence or recklessness. In Florida, birth injury claims and medical malpractice claims have similar elements that must be met to succeed. For example, each claim must show that a medical professional owed the injured person a duty of care, that duty was breached in some way, and that breach caused the injury or harm. When a medical professional fails to abide by established standards of care, they are likely to be found liable for any damages that result. The main difference between a birth injury claim and a medical malpractice claim is that the primary focus of a birth injury claim is on the birthing process and the injuries sustained related to it. For example, if a newborn sustains a brain injury due to oxygen deprivation during labor and delivery, that would be considered a birth injury claim. A medical malpractice claim could be filed if an infant suffered injury or illness due to inadequate medical care after birth. In conclusion, a birth injury claim is focused on damages caused during the birthing process. It is different from a medical malpractice claim, which is based on negligent medical care provided to a patient at any time after they are born. To file a successful case, one must prove that a duty of care was owed and that a breach of that duty caused the harm or injury.

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

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