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Are Medical Malpractice Cases and Birth Injuries the Same?


Are Medical Malpractice Cases and Birth Injuries the Same?

When medical things go wrong, it can lead to major consequences for the victims. All too often, these medical errors could be avoided if more attention to detail was given. While accidents do occur, a large number of medical injuries could potentially be avoided, and that is where the legal system comes in.

Whether it’s a birth injury or medical malpractice, the legal system works similarly. While these are technically two different things, they typically fall under the same umbrella in terms of legal ramifications.

If you experience a medical or birth injury, you may have grounds for a case to receive compensation. You will just need a qualified Indianapolis medical malpractice lawyer to help you get the compensation you deserve. For personal injury cases, you’ll need a personal injury lawyer like SonChingones.

Birth Injury

A birth injury is specific to something that occurs during birth. Generally, the injury occurs to the baby, but it could also refer to an injury the birth mother experiences. In this type of case, the injury is any neurological or physical harm that comes to these parties.

In most cases, birth injuries occur from complications, negligence, improper medical device usage, or even natural circumstances. These injuries may include brain trauma, oxygen deprivation, nerve damage fractures, and more.

Medical Malpractice

Medical malpractice refers to a medical injury that isn’t related to a birth incident. A birth injury could be considered a form of medical malpractice, but they are generally separated for terminology purposes. A medical malpractice case happens when any type of healthcare provider is negligent in some way, leading to an injury.

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This negligence could come in the form of mistreatment, inadequate care, errors, mistakes, omissions, and more. When these happen, there is a breach of duty for the standard of care and it could lead to compensation.

Birth Injuries vs Medical Malpractice

The primary difference between medical malpractice and birth injuries is the way the case is presented. Both are medically related, but birth injuries cases are typically filed by the parent on behalf of their injured child. Since these injuries happen at birth and could cause a lifetime of damages, they also often are eligible for higher amounts of compensation.

In a birth injury case, the lifetime cost of care will be considered in determining compensation. These cases are often harder to prove than a general malpractice case. They also will likely take longer for diagnosis to occur, so the statute of limitations is longer as well.

Seek Legal Help from a Qualified Expert

When you find yourself facing medical malpractice or a birth injury, you need legal help to get the compensation you deserve. Choose a medical malpractice lawyer in Indianapolis who has experience working with cases like yours and can help you through every step of the process.

The key here is to work with a lawyer that has experience handling cases similar to yours. These lawyers will know the steps to take and how to best help you get the maximum amount of compensation for your situation.

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