Is a Birth Defect a Type of Birth Injury? What’s the Difference?
It’s an unfortunate truth that not every birth goes as planned, and not every baby is born perfectly healthy. In the wake of a traumatic birth, it’s only natural to question whether your newborn’s medical complications were preventable or a result of medical negligence. Fact is, many medical conditions are not preventable and not a result of negligence on the part of medical providers. These are called birth defects, and they are both medically and legally different from birth injuries.
Reynolds & Reynolds Law Firm in Frisco, TX specializes in medical malpractice cases, including those resulting in birth injuries, and we have years of experience helping the parents of the most vulnerable victims of all, newborns, get the compensation and closure they deserve after a traumatic birth. A critical first step to knowing whether you have a case is understanding the difference between preventable birth injuries and unavoidable birth defects.
Let’s take a closer look at the difference.
What Is a Birth Defect?
A birth defect is a physical or developmental condition that generally develops during pregnancy. Birth defects can have genetic, chromosomal, environmental, or other causes, and sometimes the cause is unknown. Importantly, while birth defects are often treatable, sometimes even in utero, they are not preventable or the result of negligence on the part of the medical provider. This is true even in cases in which the defect complicates the birth.
Examples of birth defects include:
- Congenital heart defects
- Down syndrome
- Cleft lip or palate
- Cystic Fibrosis
- Spina bifida
- Muscular Dystrophy
- Certain limb abnormalities
- Chromosomal conditions
What Is a Birth Injury?
A birth injury is an injury that occurs before, during, or shortly after delivery. Some birth injuries happen despite appropriate medical care. Others may be caused or worsened by medical negligence on a part of the medical team providing inadequate care.
Examples include:
- Brachial plexus injuries and Erb’s palsy
- Nerve injuries
- Bone fractures
- Brain injuries
- Injuries related to oxygen deprivation / hypoxia
- Injuries associated with improper use of forceps or vacuum devices
Potential medical errors can include failing to recognize fetal distress, delaying an emergency C-section, improperly using delivery instruments, or failing to provide appropriate treatment. Again, not every birth injury is a guaranteed medical malpractice case or proof that the provider did not meet the standard of care. However, if you believe your newborn has experienced a birth injury, you should speak with a birth injury attorney as soon as possible.
Why Does the Difference Matter?
The fact that a child has a serious medical condition does not, by itself, establish medical malpractice. An important question is what caused the condition and whether it could have been prevented or reduced with appropriate medical care.
For example, if your child’s condition was caused by an event during labor or delivery, medical records may reveal whether healthcare providers recognized warning signs and responded appropriately.
Determining what happened often requires reviewing prenatal records, fetal monitoring strips, delivery records, neonatal records, and other medical evidence. Medical experts may also be needed to determine whether the care provided met the applicable standard.
What If You Believe Your Child Suffered a Birth Injury?
You don’t have to know whether your child’s condition legally qualifies as a birth injury before speaking with an attorney. If you believe something went wrong during pregnancy, labor, delivery, or shortly after birth, an experienced attorney can review the circumstances and help determine whether medical negligence may have occurred.
If your family is in Frisco or the Dallas-Fort Worth area, Reynolds & Reynolds Law Firm can investigate your potential medical malpractice claim and help you understand your legal options.
Contact Reynolds & Reynolds Law Firm at (214) 891-6606 or complete our form to schedule a consultation.
This article is for general informational purposes only and is not legal advice. Every case is different, and Texas medical malpractice laws and deadlines can be complex.