What is the difference between a birth injury claim and a medical malpractice claim?
A birth injury claim and a medical malpractice claim are similar in that they both involve a legal claim arising from a medical practitioner’s negligence. However, there are some key differences between the two. In a birth injury claim specifically, the legal action is usually initiated against a medical professional who was directly involved in providing care during the birthing process. This individual can be held liable for any harm caused to the baby due to their negligence while in the delivery room. On the other hand, a medical malpractice claim is a broader category of legal action where a plaintiff can hold a health care provider responsible for failing to practice medicine according to an accepted standard of care. This standard of care is determined by what a reasonably skilled medical professional would have done in a given situation. In addition, a medical malpractice claim can be filed against any health care professional, not just one involved in the birthing process. In Minnesota, birth injury claims are typically governed by the state’s medical malpractice laws. This means that the same legal standards apply to both types of claims. As such, the burden of proof in both cases rests on the party making the claim, who must be able to prove that the medical professional acted negligently and that this negligence led to the injury. In other words, they have to demonstrate that the injury was directly caused by the medical professional’s failure to act within an accepted standard of care.
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