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

The difference between a birth injury claim and a medical negligence claim is that a birth injury claim is generally based on negligence that occurred in the delivery room during labor and delivery and a medical negligence claim is based on negligence that occurred in any medical context. A birth injury claim may be brought against medical personnel involved in a delivery, such as gynecologists, obstetricians, nurses, and other support staff. The claim must generally show that the medical staff, through either negligence or recklessness, caused the birth injury. A medical negligence claim may be brought against any medical personnel for any medical mistake or neglect, such as misdiagnosis, incorrect medication, or a treatment that did not provide the expected results. The burden of proof is higher in a medical negligence claim than in a birth injury claim. For a birth injury claim, the plaintiff must only show that the medical personnel involved in the delivery were negligent in their duty to maintain the health of the baby. However, for a medical negligence claim the plaintiff must demonstrate that the medical professional failed to meet the acceptable standard of care and was therefore legally negligent in providing medical care. In Florida, a birth injury claim or medical negligence claim will be subject to the application of state and federal laws, as well as professional medical guidelines. The state has a statute of limitations when it comes to bringing a claim, so it is important to seek advice from an experienced attorney on the best course of action.

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

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