Understanding the Difference Between a Birth Defect and Birth Injury

Recently, a report from the Agency for Healthcare Research and Quality indicated that the rate of birth trauma-neonatal injury was 1.9 per 1,000 live births. Injuries during childbirth can lead to long-term and permanent disablement and other medical issues diminishing a growing baby’s quality of life. In many cases, birth injuries are caused by medical mistakes and as a result, could have been prevented. 

When medical errors harm a baby or a mother, it may be possible to sue. Medical malpractice during pregnancy or childbirth can cause significant lifelong harm and if you or your baby was hurt by a negligent medical provider, a Pennsylvania birth injury lawyer at Edelstein Martin & Nelson, LLP can help you take legal action to recover the financial compensation that you deserve.

How Birth Defects are Different from Birth Injuries

Medical malpractice cases tend to be highly complex and challenging for victims to get the compensation they need for their damages. This is because there is a fine line between an undesirable outcome in a medical situation and negligence that causes a poor medical outcome. Simply because the result of a medical situation was not ideal and far from what a patient was hoping does not always mean that the patient was a victim of medical malpractice. In a medical malpractice suit, it is the victim who has to show that a medical provider’s behavior was substandard for the expected level of care that they should have given their patient similar to what any other provider would do in the same medical situation.

Any type of physical harm that a baby sustained before, during, or after birth is considered a birth injury. Some birth injuries do not leave a baby with lasting injury and can heal on their own. Other birth injuries can be very complicated and extensive and lead to permanent disability.

Depending on how either a birth injury or defect happened, medical negligence may or may not apply.

A birth defect transpires when a baby suffers an abnormality. This usually occurs in the womb as a result of several factors such as heredity, drug use, or infection. 

A birth injury, on the other hand, usually happens during childbirth. Head trauma and brain damage are common types of birth injuries. Health conditions and other risk factors can be contributors to birth injuries such as prolonged labor, larger babies, abnormal fetal position, or prematurity, for instance.

However, when medical negligence is why a baby is harmed before birth, during, or after, then legal action may be appropriate. Medical negligence can come in many forms including:

• Failing to correctly diagnose a patient with the right health condition
• Failing to act quickly in a dangerous medical situation
• Improper use of birthing tools
• Excessive force during birth
• Missing common signs of fetal distress
• Not monitoring a mother and baby before, during, or after birth

Speak with an Attorney at Edelstein Martin & Nelson, LLP

Birth injuries are traumatic for babies and parents. When birth injuries happen due to medical negligence, call a Pennsylvania birth injury lawyer from Edelstein Martin & Nelson, LLP at (215) 731-9900 to schedule a free consultation to review your case.