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

Birth injury and medical negligence claims are closely related in that they both deal with harm caused to a person due to the mistake or negligence of another party. However, there are distinct differences between the two legal terms. A birth injury is any type of injury or trauma suffered by a baby during the birthing process. This could include things like bruising, broken bones, oxygen deprivation, and more. A birth injury claim is a type of medical malpractice lawsuit filed against the medical professional or facility where the birthing process took place. This claim is filed in order to seek compensation for the child and/or the parents due to the harm suffered by the child. On the other hand, a medical negligence claim is a legal claim that can be made against a medical professional or facility due to an act that results in harm or death to a patient. This type of claim seeks compensation for the harm caused by the medical professional or facility, and it applies to all medical malpractice cases, not just those related to the birthing process. In summary, a birth injury claim is specifically for any harm caused to a baby during the birthing process, while a medical negligence claim can be filed for any type of medical malpractice that results in harm or death to a patient. In Oregon, either type of claim can be filed in order to seek compensation for the harm suffered as a result of the mistake or negligence of another party.

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