Birth Injury Blog

The Difference Between a Birth Injury and a Birth Defect

Posted By Beam & Raymond || 30-Aug-2017

Pregnancy and childbirth have inherent risks for babies. Some of these risks involve injuries that could and should have been prevented if not for negligence. These types of preventable injuries are why victims and families file birth injury lawsuits. However, there are also some injuries and complications that are not caused by preventable negligence or substandard care.

When families explore their rights to pursue birth injury lawsuits, they may find it difficult to determine if they have a claim, especially when it comes to identifying the nature of an injury and whether it truly could have been prevented. At Beam & Raymond, our legal team focuses on helping victims understand whether they have grounds to pursue a case and a financial recovery of their damages. This begins with helping them understand the difference between birth injuries and birth defects.

  • Birth Injuries – Birth injuries, as they relate to legal cases, stem from situations involving preventable injuries that result from negligence and substandard care. When nurses, doctors, or other health care professionals provide substandard care or are otherwise negligent, they increase risks of birth injuries. Common examples include failing to detect complications that should have been identified, harming babies when using forceps or vacuum extractors, and delays in performing C-sections. Victims have a right to take legal action when there are preventable birth injuries that would not have occurred if not for negligence, and their lawsuits must prove that a medical professional failed to act as a reasonably skillful professional would have acted under similar circumstances.
  • Birth Defects – Unlike birth injuries, birth defects develop as a fetus grows in the womb. Because they are present at birth, they are referred to as congenital defects. Birth defects can affect a baby’s central nervous system, brain, and other parts of their body, and are often the result of genetic mutations, though causes of these genetic mutations are not always clear.

The most important thing to understand when there are medical conditions suffered by newborns is that birth injury lawsuits involve preventable injuries. Because every case is unique, however, we know that determining when an injury is considered preventable can be a difficult matter. As such, we make ourselves readily available to families across the country who want to learn more about their situation, legal rights, and whether they have valid claims for compensation.

Our attorneys are standing by to speak with you and your loved ones about your potential case. To request a FREE consultation, contact us.

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