What is the difference between a birth injury and a medical negligence claim?
A birth injury is a physical injury or trauma caused to a baby during childbirth due to medical negligence. A birth injury may be the result of mistakes made during the labor and delivery process, such as failing to properly monitor the fetus, delays in C-section delivery, and the use of forceps or vacuum extractors. In order to establish medical negligence, an individual must prove that a healthcare professional or medical team did not provide a standard of care that was within the accepted medical practice in the state of Florida. A medical negligence claim, on the other hand, is a type of lawsuit in which an individual or family seeks to recover damages due to the negligent or careless actions of a healthcare provider or medical team. In order to make a successful medical negligence claim, a plaintiff must prove that a healthcare provider or medical team failed to provide a duty of care that was within the accepted medical practice in the state of Florida. In some cases, the claim may also involve an intentional act of medical malpractice. The primary difference between a birth injury and a medical negligence claim is the type of behavior or action that is being alleged. A birth injury is a physical injury to a baby during childbirth caused by medical negligence, while a medical negligence claim is a lawsuit in which an individual or family seeks to recover damages due to the negligent or careless actions of a healthcare provider or medical team. Depending on the circumstances, a birth injury may be the basis for a medical negligence claim.
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