What is the difference between a birth injury claim and a wrongful death lawsuit?
A birth injury claim and a wrongful death lawsuit are two different types of legal actions that can be taken when a newborn is harmed due to medical negligence during labor or delivery. In Oregon, the two types of claims are handled through separate laws and procedures, both of which could be used to recover financial damages to cover medical expenses, lost wages, and more. The main difference between a birth injury claim and a wrongful death lawsuit is the type of damages sought. A birth injury claim can seek both economic and non-economic damages, including pain and suffering. A wrongful death lawsuit, on the other hand, is filed by the surviving family members of the decedent and is only eligible for financial damages, such as medical and funeral expenses and the loss of a family member’s contribution to the household. Another difference is the timeline for filing a claim. In Oregon, the statute of limitations for a birth injury claim is two years from the date of injury. For wrongful death lawsuits, survivors must file the claim within three years of the death of the decedent. Ultimately, the decision to pursue either a birth injury claim or a wrongful death lawsuit should be discussed with an experienced personal injury attorney who can help determine the best path forward.
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