What is the difference between a birth injury claim and a medical malpractice claim?
Birth injury claims and medical malpractice claims both involve a doctor’s negligence causing harm to a patient. However, there are some key differences between the two. A birth injury claim is a type of medical malpractice claim that involves medical negligence occurring during the delivery of a baby leading to the baby being injured. This type of claim is typically brought by the injured baby’s parents and can often involve multiple defendants such as the hospital, the obstetrician, and other medical providers. In comparison, a medical malpractice claim can involve any kind of medical negligence. This includes negligence occurring outside of the delivery room, such as misdiagnosis, delayed diagnosis, and inadequate follow-up care. The claim usually involves only one defendant, which is the doctor who treated the patient. In Texas, the statute of limitations for a birth injury claim is two years from the time of the injury, while a medical malpractice claim must be brought within two years of the date of discovery of the injury or within two years of the date when the injury should have reasonably been discovered. It is important to understand the differences between birth injury claims and medical malpractice claims in order to determine which claim you should pursue in Texas. If you believe that you or your child has been injured due to medical negligence, you should seek advice from a qualified attorney as soon as possible.
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