What is the difference between a birth injury claim and a wrongful death lawsuit?
The difference between a birth injury claim and a wrongful death lawsuit in Washington is significant. While they’re both related to medical malpractice, a birth injury claim refers to medical negligence that results in an injury to the baby or mother during birth, such as a brachial palsy, cerebral palsy, or brain injury. On the other hand, a wrongful death lawsuit is a legal action brought about when an individual dies as a result of another person or entity’s negligence or wrongful act. The goal of a birth injury claim is to seek compensation to cover the medical costs associated with the injury and any costs that may arise from the injury in the future, such as costs associated with physical therapy or special medical care. A wrongful death lawsuit seeks to recover damages for the death of the individual, including loss of companionship, loss of future wages, and medical costs associated with the death. Therefore, a birth injury claim seeks to recover compensation to cover medical costs related to the injury, while a wrongful death lawsuit seeks compensation to cover the costs of the individual’s death. Both claims are difficult to prove because they require evidence to support the claim that another party acted negligently or wrongfully. An experienced medical malpractice attorney can advise on the best course of action.
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