What is the difference between a birth injury and a medical negligence claim?
A birth injury is an injury that occurs to a newborn during labor and delivery. This could be due to a doctor’s mistake or from the negligence of medical staff. Birth injuries can range from mild to severe, and can include physical injuries, mental disabilities, and even death. A medical negligence claim is a legal action taken against a doctor or medical provider claiming they did not provide adequate care leading to a birth injury. In the state of Washington, medical negligence is defined as a failure to provide reasonably skillful and carefully performed medical care and services. This includes failure to diagnose, deviating from the accepted medical standard of care, and failure to provide any informed consent prior to medical treatment. To be successful, the injured patient or family must prove the medical provider’s negligence was the cause of the injury. A birth injury claim is a claim based on a birth injury that occurred as the result of a medical provider’s mistake. This type of lawsuit can provide compensation for the injuries sustained by the child or the family. Compensation can include medical bills, pain and suffering, and other damages related to the injury. In Washington, birth injury cases are complex and require the help of an experienced birth injury lawyer with knowledge of Washington birth injury law.
Related FAQs
What types of medical experts are used in birth injury cases?What is a birth injury settlement?
What are the common causes of birth injury?
What is causation in a birth injury case?
What is a perinatal injury and how can it be used in a birth injury case?
What are the most common types of birth injuries?
Does birth injury law cover wrongful death cases?
What are the elements of a birth injury claim?
What is the difference between a birth injury claim and a medical negligence claim?
What is the “standard of care” for birth injury claims?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023