What is the difference between a birth injury claim and a medical malpractice claim?
A birth injury claim and a medical malpractice claim are two different types of legal cases that involve medical care. Both involve medical treatment that either caused or failed to prevent injury, but there are key differences between them. A birth injury claim is specific to cases involving a baby’s injury that is caused by medical care during the labor and delivery process. This can encompass situations involving a delay in delivery, failure to monitor the baby’s health, or use of forceps or vacuum extraction. Medical malpractice claims, on the other hand, involve any kind of medical treatment that results in injury. This could include misdiagnosis, surgical errors, medication errors, and other kinds of medical negligence. It is also important to note that medical malpractice claims can involve any medical patient—not just babies or childbirth. In Tennessee, both types of claims are subject to the same two-year statute of limitations. Any legal action needs to be taken within two years of the injury or discovery of the injury. It is important to consult an experienced lawyer to see if a case may qualify for either a birth injury claim or a medical malpractice claim in Tennessee.
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