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

Birth injury claims and medical negligence claims are both related to medical malpractice and can have similar outcomes such as monetary compensation for the injured party. However, there are a few key differences between the two types of claims. A birth injury claim typically involves an injury that was acquired during the labor and delivery process or just after birth. Common injuries associated with birth injury claims include cerebral palsy, shoulder dystocia, brain damage, and Erb’s palsy. These injuries are often caused by medical negligence, and are therefore the focus of a birth injury claim. A medical negligence claim, on the other hand, applies when an injury was caused by a medical professional’s mistake or negligence during a procedure, prescribed treatment, or diagnosis. These claims also apply when an injury is caused by a medical device malfunction, such as an implant or prosthetic. In Washington, a medical negligence claim must prove that a patient was harmed as a result of a healthcare provider’s negligence, which caused the injury in question. In summary, a birth injury claim usually applies to injuries that are caused by negligence during the labor and delivery process, while a medical negligence claim applies to injuries caused by medical malpractice more generally.

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