What is the difference between a birth injury lawsuit and a products liability lawsuit?
A birth injury lawsuit is a type of lawsuit filed when an injury to a baby occurs during childbirth due to a medical professional’s negligence—or when a medical device or product was defective or misused during delivery. A products liability lawsuit addresses when an injury or illness is caused by a defective product that was sold to the public. In a birth injury lawsuit, the plaintiff is typically the baby or the baby’s legal guardian. In a products liability lawsuit, the plaintiff is usually the person who purchased the product. For example, if a baby was injured due to a defect in an IV bag, the lawsuit would be filed by the baby or their guardian, while a product liability lawsuit would be filed by the person who purchased the IV bag. In a birth injury lawsuit, the defendant is usually a medical professional, such as a doctor, nurse, or hospital. The defendant can also be a medical device or product manufacturer if it can be proven that a defect in the item caused the injury. In a products liability lawsuit, the defendant is typically the manufacturer, distributor, seller, or supplier of the defective product. In Delaware, birth injury lawsuits are regulated by the state’s medical malpractice law. This law requires medical professionals to act in good faith and use reasonable care to protect patients from harm. Products liability lawsuits are regulated by the state’s product liability laws, which are designed to protect consumers from dangerous and defective products.
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