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

Birth injury and medical negligence claims are two related but distinct legal concepts. Birth injuries, also known as birth trauma, refer to physical injuries to a baby due to the medical care provided before, during, or after labor and delivery. When medical negligence is to blame for a birth injury, a medical negligence claim may be filed. Medical negligence claims are based on the legal theory that a health care provider acted in a manner that did not meet the accepted standard of care. This means that a medical professional did not provide what is considered a “reasonable” level of care. In order to prove medical negligence, the plaintiff must show that the medical professional breached their duty of care. In California, in order to win a medical negligence claim, the plaintiff must prove that the medical professional did not meet the accepted standard of care, that the medical professional’s negligence caused the injury or harm, and that real damages resulted from the injury or harm. If proven, the medical professional may be held liable for the damages resulting from the negligence. The primary difference between a birth injury and a medical negligence claim is that a birth injury is only considered actionable if a medical professional’s negligence caused the injury. If it is unable to be proven that the medical negligence was responsible, then the baby’s injury may not be considered actionable under California law.

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

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

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