What is the difference between a birth injury claim and a medical negligence claim?
Birth injury claims and medical negligence claims both involve situations in which a medical professional’s conduct has caused harm to a patient, but they differ in terms of the scope of the harm caused. A birth injury claim is a legal remedy pursued when a medical professional’s conduct during labor, delivery, or post-birth care causes physical or mental harm to either the mother or the baby. This is a form of medical negligence, but birth injury claims are distinguished from other medical negligence claims because they are specifically related to labor, delivery, or post-birth care. A medical negligence claim, on the other hand, applies to any form of harm caused by a medical professional. This includes any medical care or treatment, from a routine check-up to surgery. These claims require proof that the medical professional provided care that fell below the accepted standard of care for the particular situation, which is then shown to have caused the harm in question. In California, a patient, parent, or guardian can pursue a birth injury claim or medical negligence claim to seek compensation for damages. The state’s civil law sets forth specific legal remedies, including monetary damages, to those who have been injured due to medical malpractice. In the event of a successful medical negligence claim, the employer of the medical professional may be found liable as well as the individual care provider.
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