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

Birth injury claims and medical malpractice claims are two distinct types of legal actions with different types of outcomes. A birth injury claim is a legal action that seeks compensation for an injury that occurred during the birth of a child. This type of claim can seek restitution for a variety of damages, including medical expenses, pain and suffering, and loss of income. It is important to note that birth injury claims do not necessarily involve negligence or fault on the part of the doctor or hospital. Instead, birth injury claims are based on the fact that the injury was caused by medical negligence or substandard care, whether intentional or unintentional. A medical malpractice claim, on the other hand, is a legal action that seeks compensation for an injury caused by a medical professional. This type of claim typically focuses on medical negligence or substandard care provided by the doctor or hospital. The claim must establish that the doctor or hospital did not provide the level of care required by their profession and that the negligence or substandard care caused injury or damage. In Washington, both birth injury and medical malpractice claims are governed by state laws, specifically the Washington Medical Malpractice Act. This act establishes standards for medical negligence, which must be met in order for either type of claim to be successful.

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