The birth of a child should be a momentous occasion for parents. Unfortunately, sometimes celebrations take a backseat when a child is born with a birth defect or suffers an injury during birth. A parent’s joy quickly turns to concern as they navigate the complex emotions and challenges associated with debilitating or life-altering illnesses and injuries.
In the confusing and stressful moments upon learning a child has a congenital disability or birth injury, it can be challenging to understand the nuanced differences between the two terms. However, recognizing the differences between birth defects and birth injuries can potentially open legal avenues for pursuing fair compensation to help you manage medical expenses and plan for your child’s future.
What Is a Birth Defect?
A birth defect, also called a congenital anomaly or a congenital disability, is characterized as an abnormal change in the body that occurs during fetal development before birth. Congenital anomalies can affect any part of a fetus’s body, from internal organs to brain development, and more apparent signs such as a cleft lip and palate or clubfoot.
Congenital anomalies are relatively common in the United States, with some estimates indicating one of every 33 babies is born with some form of birth defect. Some of the most common anomalies include:
- Cleft lip/cleft palate
- Clubfoot
- Polydactyly (extra fingers or toes)
- Bone growth abnormalities
- Chromosomal abnormalities
- Congenital heart defects
- Spinal bifida
- Fetal alcohol spectrum disorders
Congenital disabilities are often the result of genetic changes or mutations during fetal development. Still, they can also be caused by substance abuse, chemical exposure, a side effect of certain medications, or pregnancy complications.
What Is a Birth Injury?
Birth defect and birth injury are not interchangeable terms. Birth injuries are physical damage inflicted on an infant shortly before, during, or after the birth process. Birth injuries are also called neonatal birth trauma because the damage to the infant generally occurs during the birthing process due to an external force, and does not occur during the development stage of the fetus.
Some of the most common birth injuries in the United States include:
- Erb’s palsy
- Broken bones
- Skull fractures
- Brain damage
- Intercranial hemorrhage
- Scalp injuries
- Eye injuries
Unfortunately, birth injuries can be caused by substandard care for the mother or infant during one of the most vulnerable times of a woman’s pregnancy: the birthing process.
The Causes of Birth Defects and Birth Injuries
Some of the common causes of birth injuries can include:
- Failing to recognize fetal distress
- Delaying or failing to perform a necessary cesarean section
- Misdiagnosis
- Failure to diagnose
- Improper fetal monitoring
- Improper use of birthing tools such as forceps or vacuum extractors
- Excessive pulling or use of force during delivery
While medical malpractice may be more common in birth injury cases, substandard medical care can also lead to congenital disabilities. Failing to diagnose correctly, misdiagnosis, lack of prenatal care, and medical negligence can result in poor outcomes for women carrying children with birth defects. However, congenital disability cases can be more challenging to prove than cases involving birth injuries.
Proving medical malpractice hinges on showing that a healthcare practitioner provided a substandard level of care that a similarly trained medical professional would not have provided under the same set of circumstances. Medical negligence that leads to congenital anomalies or birth trauma can impact a child for the rest of their life, setting them up for physical, emotional, and behavioral challenges. An experienced birth injury lawyer can help your family review their legal options and pursue meaningful compensation that can help you meet the needs of your child.
Talk to a Birth Injury Lawyer Now
Keep all available options for pursuing compensation on the table and consult a knowledgeable birth injury attorney about your situation. At DeLuca, Weizenbaum, Barry & Revens, Ltd., our compassionate Rhode Island legal team is here to support you and your family.
Contact our law firm today to arrange a confidential legal consultation.