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 Minnesota is determined by the cause of a child’s injury. Birth injuries usually occur due to the natural process of childbirth, often caused by complications during labor and delivery or genetic conditions. On the other hand, medical negligence claims are based on the provider’s failure to provide the standard level of care they should have. When a doctor fails to exercise reasonable care in providing services or treatments such that a patient is harmed, a medical negligence claim can be made. Examples of medical negligence claims include medical malpractice, which can occur when a doctor fails to properly diagnose a patient or performs incorrect surgery, and failure to provide informed consent. In contrast, a birth injury claim occurs when a child is injured during the birthing process, with injuries including progressive physical and mental disabilities (i.e. cerebral palsy) and behavior issues. These claims may address the negligence of the doctor, nurse, hospital, or other health care provider during labor or delivery. To establish a birth injury claim in Minnesota, the patient must prove that the provider provided care which was below the standard expected of a competent and prudent medical professional. In short, while a medical negligence claim in Minnesota can be made when a healthcare provider’s negligence causes harm to a patient, a birth injury claim is applicable when complications arise during the birthing process.
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