Is a Birth Defect Always a Birth Injury?

Birth defects and injuries occur in thousands of babies every year. While these terms are often used interchangeably, they are not the same.

While birth defects are sometimes unavoidable (such as a cleft palate), most birth injuries are preventable. Medical negligence is a cause of many birth injuries, often resulting in long-term disabilities, developmental delays, and learning difficulties in children.

If your baby suffers an injury due to the negligence of a doctor, nurse, midwife, or other medical professional, it’s normal to feel angry, frustrated, and even scared. That is why we want you to know you may be entitled to compensation from the responsible party for your child’s medical expenses and any pain or suffering they experience as a result of their birth injury. 

What’s the Difference Between a Birth Defect and a Birth Injury?

Before initiating a claim, it’s essential to know the difference between a birth defect and a birth injury.

Birth defect

A birth defect is an abnormality in a newborn baby. Some are immediately visible, such as a cleft lip or cleft palate. However, many defects are internal, meaning they’re not always detected immediately. Birth defects are quite common, occurring in approximately 3% of babies born in the US.

Genetics or hereditary factors account for approximately 20% of birth defects, including chromosomal abnormalities, single-gene defects, and multifactorial defects. Down syndrome or Turner syndrome are common chromosomal issues that contribute to developmental delay and other health conditions.

Although health experts don’t know the exact reason for all birth defects, some known causes include infection or drug exposure during pregnancy.

Doctors and healthcare providers can screen for birth defects during pregnancy. Testing helps prepare parents for potential health issues. It also identifies high-risk pregnancies for women and their babies.

Birth injury

Birth injuries typically occur in the birthing process, when babies suffer physical harm or trauma immediately before, during, or after delivery. Many newborns experience minor injuries due to the normal physical pressure and stress involved in getting the baby out of the birth canal during labor and delivery. While some bruising or marks are common, more severe injuries can cause permanent damage.

Some common birth injuries include:

• Erb’s palsy, or brachial plexus injuries (nerve damage to the hands and arms)
• Facial paralysis
• Cephalohematoma (bleeding between the skull and scalp)
• Bone fractures
• Brain injury
• Cerebral palsy
• Hypoxic-ischemic encephalopathy (lack of oxygen to the brain)

Factors frequently linked to birth injuries include:

• Baby’s position during birth
• Large babies (weighing 8 pounds, 13 ounces, or more)
• Premature birth (premature babies’ bodies may be more fragile and susceptible to injury)
• Dystocia (another term for difficult labor)
• Prolonged labor
• Maternal obesity

While all of the above can cause birth injuries, when doctors are prepared for all outcomes that can be reasonably assumed or diagnosed early and act quickly, injuries can be avoided.

Negligence in Birth Injury Cases

Parents must be aware that a leading cause of birth injuries is medical negligence. Medical negligence is where doctors, nurses, or other licensed healthcare providers fail to provide adequate standards of care to patients.

Families affected by birth injuries due to medical negligence shouldn’t have to bear the financial burden of treatment, rehabilitation, and medical bills. Some birth injuries cause permanent disabilities, resulting in those children requiring lifelong care. 

In pursuing birth injury cases, the first step is to prove that negligence caused the injury, illness, or damage to your child. The litigation process can take months or even years, so it’s vital to seek expert legal representation as early as possible.

A Legal Team You Can Trust

At Dudley DeBosier, our team of birth injury lawyers has the experience and resources to represent you and your family successfully.

Our lawyers offer representation at all stages, from the initial pleadings to the post-trial litigation. We have the trial experience, legal knowledge, and industry connections to expert witnesses to help you and your child receive the support and compensation you deserve.

If your child suffered a birth injury due to medical negligence, call Dudley DeBosier today for a no-obligation, free case evaluation to discuss your legal options.  

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