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 depends on the circumstances around the injury. Birth injuries are physical injuries suffered by newborns during the labor and delivery process. Birth injuries can be due to medical negligence, such as delayed delivery or improper use of medical equipment. Medical malpractice is also considered a type of negligence and occurs when a medical provider fails to exercise the proper level of care when treating a patient. Medical malpractice claims involve injuries that occur due to misdiagnosis, improper care, or failure to provide appropriate treatment. While both birth injury claims and medical malpractice claims may be caused by negligence, the difference lies in who the negligence falls on. In a birth injury claim, the negligence lies with the medical professionals providing care to the mother and baby during childbirth. In a medical malpractice claim, the negligence lies with the medical provider who is responsible for providing treatment to the patient. In Washington, medical providers and other medical practitioners must follow certain standards of care and abide by state laws. If there is proof that the medical provider did not meet legal standards of care during the labor and delivery process, a birth injury claim can be made. If there is proof that a medical provider did not meet legal standards of care while providing treatment to a patient, a medical malpractice claim can be made.

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