What is the difference between a birth injury claim and a medical negligence claim?
The main difference between a birth injury claim and a medical negligence claim in Delaware is the nature of the injury and the basis for pursuing a legal claim. A birth injury is a physical injury that occurred prior to, during, or shortly following the birthing process. This type of claim typically alleges that the injury was the result of the negligence or recklessness of the doctor, nurse, or hospital staff in managing the labor, delivery, and postpartum care. In contrast, a medical negligence claim is based on the allegation that a medical professional improperly treated or failed to act on behalf of a patient resulting in the injury or death of the patient. These claims are typically based on the medical standard of care, which are competence and safety standards that medical professionals must adhere to in order to provide quality care to their patients. In Delaware, both birth injury claims and medical negligence claims may be pursued in civil court. However, due to the complexity of these types of cases, they often require the assistance of an experienced birth injury lawyer to ensure that all legal rights and remedies are pursued. Additionally, the statute of limitations in Delaware for filing a birth injury claim is two years, while the statute of limitations for medical negligence is three years.
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