What is the difference between a birth injury claim and a medical malpractice claim?
A birth injury claim and a medical malpractice claim both involve medical malpractice, but they are distinct legal claims. A birth injury is an injury that occurs to a newborn baby at or around the time of delivery. This can include conditions like cerebral palsy, Erb’s palsy, hypoxic-ischemic encephalopathy (HIE) or stillbirth. Birth injury claims seek to recover damages caused by a medical professional’s negligence during the birthing process. A medical malpractice claim, on the other hand, is when a medical professional deviates from the accepted standard of care, resulting in a patient’s injury. This can include errors or omissions in diagnoses, surgery, medication dosages, or other medical treatment. A medical malpractice claim can be initiated for any injury a patient suffered during medical treatment. The main difference between a birth injury claim and medical malpractice claim is that a birth injury claim is only focused on the injuries a baby suffers at or around the time of delivery. A medical malpractice claim is focused on any injury or harm caused by medical negligence. In both cases, the plaintiffs must prove that the medical professional deviated from the accepted standard of care, and that the deviation caused the injury. In Florida, the statute of limitations for birth injury claims is two years, and four years for a medical malpractice claim. It is important to seek legal advice as soon as possible to help ensure that the plaintiff’s rights are protected.
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