What is the difference between a birth injury claim and a medical negligence claim?
In Oregon, a birth injury claim is a legal claim that involves the injury of an infant that occurred before, during, or after birth. The birth injury claim must follow a certain process, as it is considered a medical malpractice claim. This process includes gathering medical records, hiring experts, and filing a lawsuit. A medical negligence claim involves a claim of negligence on the part of a medical professional. This means that the negligent party was responsible for the injury of the infant or the mother due to their failure to provide reasonable medical care. A medical negligence claim does not always involve a birth injury, as it may pertain to any medical treatment issue. The difference between a birth injury claim and a medical negligence claim is that a birth injury claim is specific to a birth injury, while a medical negligence claim may be broader in scope and include any medical treatment issue. Additionally, a birth injury claim follows a very specific process in order to be successful, while a medical negligence claim needs to be proven by showing that a medical professional acted negligently or failed to provide reasonable medical care.
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