What is the difference between a birth injury and a medical negligence claim?
Birth injury and medical negligence claims are two different legal concepts. Birth injury refers to the physical damage done to a baby before, during, or after childbirth. This type of injury can be caused by medical negligence such as failing to adjust the mother’s medical care in accordance with changes in the baby’s condition, failing to diagnose a condition that could affect the baby’s health, or neglecting to respond to complications during delivery. Birth injury can lead to serious lifelong affects such as physical disabilities, sensory impairments, and even death. A medical negligence claim is a type of legal action taken against a medical professional to seek compensation for an injury caused by the professional’s negligent behavior while caring for a patient. To prove negligence, a patient must show that the medical professional failed to meet the accepted standard of care. For example, a doctor must make sure that their patient is properly informed about the risks of a procedure before performing it. If a patient was unaware of the risks and was injured as a result, then the doctor can be held liable for negligence. Therefore, it is important to be aware of the different types of birth injury claims and medical negligence claims in California. Birth injury claims can be brought against doctors, nurses, and hospitals for damages caused to an infant from negligence during pregnancy, delivery, or the period of time afterwards. Medical negligence claims are brought against medical professionals for their failure to meet the accepted standard of care for any medical treatment.
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