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Similarities and Differences between Birth Defects and Birth Injuries

While most deliveries proceed smoothly despite the parents’ worry, sometimes complications occur. In many unfortunate cases, these complications have a drastic impact on the rest of the child’s life, resulting in lifelong consequences for everyone involved. Not all complications occur within the delivery room; some instances of medical malpractice took place during the mother’s pregnancy. In either instance, the parents may have the legal option to consider a medical malpractice lawsuit.

What is a Birth Injury?
Birth injuries occur due to a medical professional’s error in the delivery room. According to Find Law an estimated five out of every 1000 babies born in the United States will be affected by a medical practitioner’s mistakes during the delivery process. Examples of common mistakes include not using the proper medical device and the proper medical technique.

Can Parents Pursue a Lawsuit Because of Birth Injuries?
Many cases of birth injuries will allow you to pursue a medical malpractice claim, but not all lawsuits will be successful. The reason for the varying degree of success is due to the fact that harm from birth injuries can range from lack of oxygen to severe head injuries, but may also include conditions such as Cerebral Palsy. Additionally, a physician may be able to argue that the birth itself was complicated enough that even a reasonably competent doctor could not have avoided causing a birth injury. The best determination of whether or not you will be able to have a successful lawsuit is contacting lawyers with legal experience in birth injuries, such as those found at

How Are Birth Defects Different From Injuries?
Unlike birth injuries, a birth defect is the result of harm that came to the baby before the child’s birth. The National Institute of Child Health and Development cites two types of defects: structural and functional. Structural refer to deformities in the baby’s body parts, such as the baby’s internal organs or the presence of a cleft palate. Functional refers to a defect in how the baby’s body works. These include intellectual, developmental, and nervous system defects.

Are Birth Defects Examples of Medical Malpractice?
Although many parents are quick to blame themselves for any developmental problem the child may have, in many cases, medical malpractice is the actual culprit. Increasingly, birth defects have been linked to prescription drugs given by the mother or father’s doctor. In a situation like this, parents can file a case against the medical authority for medical malpractice under the guidance of a professional lawyer (click here to learn more).

However, filing a medical malpractice claim can be a complicated issue without the backup of a skilled lawyer. Clients need experienced legal professionals to help them go against the emotionally draining trial that will result. They’ll also need tough lawyers who refuse to back down against the legal teams hired by hospitals and insurance companies.

US Legal cites a growing number of lawsuits that combine medical malpractice, employment law, and product liability. So, having the right legal team means parents are able to secure a financially successful future for their child, including any special medical expenses that may be necessary thanks to the child’s birth injury or defect.