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 a type of medical negligence claim. Birth injury claims focus on the medical errors that occurred during the pregnancy or labor process and the resulting harm to the baby and/or mother. These claims may be directed at the medical provider, hospital, or other parties responsible for the medical care. Medical negligence claims, on the other hand, are broader and can involve any type of medical error and its subsequent harm. For example, a medical negligence claim could involve a diagnosis of a condition that was incorrect or inadequate, a delay in diagnosing a medical issue, a medication that is prescribed incorrectly, or a medical device that is faulty. In Minnesota, the statute of limitations for a medical negligence claim is four years from the date of the injury or two years from the date the injured party discovered the harm. This gives victims time to file a claim and receive compensation before the statute of limitations expires. Birth injury claims, however, can be more complex and require legal counsel to properly investigate the claim and determine liability for the harm caused. The statute of limitations for birth injury claims in Minnesota is two years from the date of the injury or four years from the date the injured party discovers the harm. It is important to seek legal expertise as soon as possible to ensure that your rights are adequately protected in a birth injury claim.
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