What is the difference between a birth injury and a medical negligence claim?

The difference between a birth injury and a medical negligence claim in Delaware is substantial. A birth injury is a physical or psychological injury that occurs to a child during the birthing process. Generally, these injuries are an unavoidable result of the birthing process, and can range from minor to more severe. On the other hand, medical negligence claims are legal claims against a medical provider, usually a doctor, nurse, or hospital, for providing substandard medical care that results in injury to the patient. A successful medical negligence claim requires a plaintiff to prove that the provider fell below the accepted standards of care and that this breach of care caused the injury. It is important to note that a birth injury may be the result of medical negligence, in which case a plaintiff may be able to pursue a medical negligence claim against a health care provider in Delaware. However, having a birth injury does not automatically entitle a plaintiff to seek damages for medical negligence. It is necessary to prove that the medical care rendered by the health care provider fell below the accepted standards of care and that the breach of care caused the injury.

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What is the difference between a birth injury and a medical negligence claim?

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