What is the difference between a birth injury claim and a medical malpractice claim?
The difference between a birth injury claim and a medical malpractice claim in Oregon is based on the context of the claim. A birth injury claim is a legal action taken against a medical professional for injuries caused to a baby or mother during labor or delivery. This type of claim is typically brought forth against a doctor, nurse, midwife, or other health care professional, which can include a hospital setting. In contrast, a medical malpractice claim is a broad term that covers any type of medical negligence that results in an injury to a patient. Common examples of medical malpractice include misdiagnosis, failure to diagnose, improper treatments, improper prescribing of medication, and surgical errors. These claims could be brought forth against any healthcare professional, including doctors, nurses, and medical facilities. Therefore, a birth injury claim differs from a medical malpractice claim in Oregon in that a birth injury claim is specific to injuries caused to a baby or mother during labor or delivery, while a medical malpractice claim includes any type of medical negligence that results in an injury to a patient. Both types of claims are legal actions taken against medical professionals or healthcare facilities.
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