Many mothers fear hearing that their infant has a birth defect or suffered a birth injury. Both can lead to physical and mental debilitations for the newborn and may require lifelong care and specialized therapy.
However, when it comes to liability and litigation, birth injuries are very distinct from birth defects. Below, we discuss the key differences between the two.
Birth Injuries vs. Birth Defects
A birth defect is considered an illness or health condition that a baby develops while it’s still in the womb. These occur prior to a baby’s birth and can occur because of genetic mutation, toxins ingested by the mother during pregnancy, or certain medications.
While doctors and medical teams can sometimes detect certain birth defects if appropriate tests are ordered, they are generally not preventable in instances of genetic mutation. However, doctors may be held liable if they prescribed medication to a pregnant woman, which had known risks or dangers, and that medication caused the birth defect.
Birth injuries, on the other hand, are sustained by infants right before, during, or after delivery. In many cases, they are completely preventable and caused by a doctor or one or more members of the delivery team failing to take the precautions needed to ensure the health and safety of the baby.
Providing You With Legal Assistance
By yourself, it can be difficult to prove that a birth injury or birth defect was caused by medical negligence. An experienced birth injury attorney has experience with this investigation process and can gather all the evidence needed to prove the cause of your child’s birth injury.
If you believe that your child sustained a birth injury or birth defect because of a negligent medical provider or a delivery team, you and your family deserve compensation for the physical, emotional, and financial turmoil that it has caused.
At Angel Law, we are committed to providing compassionate representation and successful results for our clients. Let us protect your family during these times so you can focus on healing.
Contact Angel Law at (503) 862-8666 to get started with a free consultation.