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

A birth injury is an injury that occurs to a baby during childbirth, or soon after, due to medical negligence, improper medical care, or medical malpractice. Birth injuries can be physical or developmental in nature. Physical birth injuries may include broken bones, hypoxia (oxygen deprivation), and other physical trauma. Developmental birth injuries may include cerebral palsy, developmental delays, and autism. A medical negligence claim, on the other hand, is a lawsuit filed in civil court by individuals or families who have suffered a personal injury due to the negligence of a health care provider. This includes issues like misdiagnosis, delayed diagnosis, incorrect treatment, or a failure to diagnose or treat a medical condition. Medical negligence can lead to serious consequences, including long-term disability and even death. The difference between a birth injury and a medical negligence claim is that a birth injury is typically caused by medical negligence, while a medical negligence claim is filed because of medical negligence. An injury sustained during childbirth is considered a birth injury, and can be caused by a variety of factors such as improper medical care or a failure to diagnose or treat a condition. However, a medical negligence claim is only filed if it can be proven that the health care provider was negligent, and that this negligence led to the injury or illness.

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