What is the difference between a birth injury claim and a medical malpractice claim?
The primary difference between a birth injury claim and a medical malpractice claim in Oregon is that a birth injury claim is typically filed in civil court while a medical malpractice claim is filed in criminal court. Birth injury claims are filed when an infant has suffered harm due to the negligence of a medical professional providing care before, during, or after birth. Birth injury claims can be filed by the infant’s family against a doctor, hospital, or another medical provider. The goal of filing a birth injury claim is to receive compensation for medical expenses, lost wages, and other damages associated with the injury. Medical malpractice claims, on the other hand, are typically filed in criminal court. Medical malpractice is defined as a breach of the standard of care for a patient caused by a medical professional. In order to prove a medical malpractice case in Oregon, the patient must prove that a physician, nurse, or other medical professional was negligent in the performance of their duties and that this negligence resulted in an injury or death. Unlike a birth injury claim, the goal of a medical malpractice claim is to hold a medical professional accountable for their negligent actions and to prevent similar negligence moving forward. The law surrounding birth injury claims and medical malpractice claims in Oregon can be complex and it is important for families to seek out legal advice as soon as possible. A qualified attorney can provide guidance on the available options and assist with the filing of the appropriate claim.
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