When a child is born with a medical condition, parents face overwhelming questions. What happened? Why did this occur? Could someone have prevented it? Understanding whether your child experienced a birth injury or has a birth defect makes a significant difference. It affects how you think about what happened and whether you can pursue legal action.
Our friends at Ward & Ward Personal Injury Lawyers discuss how these distinctions affect families seeking answers after complications during pregnancy or delivery. An birth injury lawyer can help you understand whether medical negligence played a role in your child’s condition.
What Defines A Birth Defect
Birth defects develop during pregnancy. They’re typically due to genetic factors, environmental exposures, or causes we simply don’t understand yet. These conditions form before birth, and they’re generally not caused by what happens during labor and delivery. Common birth defects include:
- Congenital heart defects
- Cleft lip or palate
- Spina bifida
- Down syndrome
- Club foot
According to the Centers for Disease Control and Prevention, birth defects affect approximately 1 in every 33 babies born in the United States. Many result from chromosomal abnormalities or maternal health conditions during pregnancy. Some may be linked to medication use, alcohol consumption, or infections while the mother was pregnant. Medical professionals can’t always prevent birth defects. They often develop through no fault of healthcare providers. However, if a doctor fails to diagnose a condition that proper prenatal testing would’ve revealed, that failure might constitute medical negligence.
Understanding Birth Injuries
Birth injuries are different. They occur during labor and delivery. These injuries happen because of medical errors, improper use of delivery instruments, or failure to respond appropriately to complications during childbirth. Someone made a mistake or didn’t act when they should have. Examples of preventable birth injuries include:
- Cerebral palsy caused by oxygen deprivation
- Erb’s palsy from nerve damage during delivery
- Fractures from excessive force
- Brain damage from delayed emergency intervention
- Brachial plexus injuries
The key difference is timing and cause. Birth injuries result from what happens during the delivery process, often because medical staff made poor decisions or failed to act when complications arose. These aren’t genetic issues or developmental problems. They’re preventable harm.
Why the Legal Distinction Matters
This distinction becomes incredibly important when families consider legal action. Birth injury cases involve proving that medical negligence during delivery caused harm to your child. You must demonstrate that healthcare providers deviated from accepted standards of care. What would a competent doctor have done in that situation? Did your medical team meet that standard?
Birth defect cases are more complex. Most birth defects aren’t actionable because nobody caused them through negligence. But some scenarios may support legal claims. If a doctor failed to perform standard prenatal screenings, misread test results, or prescribed harmful medications without warning of risks, you might have grounds for a lawsuit. The compensation available also differs. Birth injury cases typically focus on the costs of treating preventable conditions and the lifetime care needs resulting from delivery room negligence. Birth defect cases might address the failure to provide information that would’ve allowed parents to make informed decisions about their pregnancy.
Getting the Right Medical and Legal Guidance
Parents should obtain thorough medical evaluations to determine the cause of their child’s condition. Request complete medical records from all prenatal visits and the delivery. You’ll need these documents if you pursue legal action. Medical professionals can review these records to identify whether the condition developed naturally or resulted from preventable errors. This analysis forms the foundation of any potential legal claim. Without it, you’re just guessing about what happened.
Time limits apply to medical malpractice cases. Don’t delay seeking legal advice. An attorney can evaluate your situation, review medical records with qualified professionals, and determine whether you have a viable claim. If your child suffered harm during pregnancy or delivery, understanding the difference between birth injuries and birth defects helps you take appropriate action. Legal representation can clarify your options and help you pursue accountability when medical negligence caused preventable harm to your family.
Disclaimer: This content should not be construed as legal advice.
