What is the difference between a birth injury and a medical negligence claim?
The difference between a birth injury and a medical negligence claim can be summed up simply. A birth injury relates to any physical or mental damage to a baby which is caused during or shortly before birth, regardless of the cause. A medical negligence claim relates only to the harm caused to a baby if the cause can be attributed to a medical professional’s failure to act, or act in an appropriate manner. A birth injury may be caused by a variety of factors, including poor prenatal care, unexpected medical complications, or a traumatic delivery. For instance, a baby may be born with a physical deformity or difficulty breathing, or with delayed development, due to substantially poor prenatal care. In cases like these, the parents may bring a suit against the medical professional for having provided inadequate medical care. On the other hand, a medical negligence claim arises only when the injury can be proven to have been caused by a medical professional’s failure or disregard for the accepted medical standard. This means that the medical professional did not meet the accepted medical standard when it came to providing care for the mother and the baby. In cases like these, the baby and/or parents may bring a lawsuit against the medical professional for having neglected or failed to provide adequate medical care. In Washington, birth injury law covers both birth injuries and medical negligence claims. While the former covers any injury caused to a baby prior to and during birth, the latter includes only those injuries that can be attributed to a medical professional’s error.
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