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

The main difference between a birth injury claim and a medical malpractice claim is the parties that are involved. In a birth injury claim, the claim is usually made against a doctor, midwife, or other healthcare provider. The primary purpose of the claim is to seek compensation for the injuries suffered by the newborn. In medical malpractice claims, the parties involved are usually the doctor and the patient. The claim is made against the doctor for a failure to provide the proper standard of care or negligence that led to the injury or illness of the patient. Another difference is the type of evidence needed to make a successful claim. When filing a birth injury claim, the plaintiff must prove that the doctor, midwife, or other healthcare provider was negligent in their care and that this negligence caused the injury to the newborn. With a medical malpractice claim, the burden of proof is on the patient to prove that the doctor failed to provide the proper standard of care and that as a result, the patient suffered an injury or illness. Finally, the amount of money awarded in a claim can differ. Birth injuries can be much more expensive since the baby may require extended medical care and treatment to help them heal. As a result, a birth injury claim can result in a greater amount of compensation than a medical malpractice claim. In summary, birth injury claims and medical malpractice claims differ because of the parties involved, the types of evidence needed, and the compensation awarded. It is important to seek legal advice when filing either type of claim in order to ensure that your claim is as strong as possible.

Related FAQs

What is a fetal heart monitor strip and how can it be used in a birth injury claim?
What are the elements of a birth injury claim?
What damages are available in a birth injury lawsuit?
What is a birth trauma case?
What is cerebal palsy and how can it be used in a birth injury claim?
What is the difference between a birth injury claim and a wrongful death lawsuit?
What is the standard of care for obstetricians when it comes to birth injuries?
How much does a birth injury lawyer cost?
What is the difference between a birth injury and a birth defect?
What is the difference between a birth injury lawsuit and a wrongful death lawsuit?

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

Related FAQs

Related Blog Posts