What is a Birth Injury?
A birth injury is physical harm that occurs during labor, delivery, or immediately after birth. These injuries are often caused by mechanical forces during delivery or oxygen deprivation and may result from medical negligence. Examples include cerebral palsy from oxygen deprivation, Erb's palsy from shoulder dystocia, and brain damage from delayed C-section.
What is a Birth Defect?
A birth defect is a structural or functional abnormality present at birth that develops during pregnancy. These conditions result from genetic factors, chromosomal abnormalities, or environmental exposures during fetal development. Examples include Down syndrome, spina bifida, and congenital heart defects.
Why the Distinction Matters Legally
The distinction is crucial because:
- ✓Birth injuries caused by negligence can form the basis of malpractice lawsuits
- ✓Birth defects generally cannot be blamed on medical providers unless caused by medication, missed diagnosis, or other negligence
- ✓The timing and cause of harm determines liability
- ✓Evidence requirements differ significantly
When Birth Defects Lead to Legal Claims
Birth defects can sometimes form the basis of lawsuits when:
- ✓A medication caused the defect (wrongful prescribing or failure to warn)
- ✓Prenatal testing should have detected the condition but didn't
- ✓Parents weren't given accurate information about genetic risks
- ✓Environmental exposures during pregnancy caused harm
Getting a Professional Evaluation
Determining whether a condition is a birth injury or defect requires medical expert analysis. An experienced birth injury attorney can arrange for medical experts to review your child's records and determine the cause of their condition, and whether negligence played a role.