What is the difference between a birth injury lawsuit and a wrongful death lawsuit?
When a baby is injured during labor or delivery, the parents may be eligible to bring a birth injury lawsuit. This lawsuit may be filed against the doctor, nurse, hospital, or other entity who was responsible for the baby’s injuries. It is designed to seek compensation for the medical bills, pain and suffering, and other costs associated with the child’s injuries. On the other hand, a wrongful death lawsuit is usually filed when a baby passes away as a result of medical negligence. It seeks damages for the parents’ grief, any medical bills, and funeral expenses that weren’t covered by insurance. In California, a wrongful death lawsuit may also include compensation for the loss of the baby’s expected earning potential and future wages, as well as lost benefits that the deceased parent may have been entitled to. The main difference between a birth injury lawsuit and a wrongful death lawsuit is the fact that a wrongful death suit seeks compensation for the death of a loved one, while a birth injury lawsuit seeks compensation for the injuries sustained by a baby. Additionally, a wrongful death lawsuit may include compensation for the loss of the baby’s anticipated earning potential, which is not an option in a birth injury lawsuit.
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