When a child is born with an injury or medical condition, parents naturally wonder if a doctor or another medical professional may be responsible. To be sure, medical negligence is one of the leading causes of birth injuries and birth defects. These two conditions may sound the same, but they differ in cause, timing, and legal implications.
What Is a Birth Injury?
A birth injury caused by medical negligence occurs when an otherwise healthy baby suffers harm before, during, or immediately after delivery. The cause of such an injury can range from physical trauma to oxygen deprivation or medical negligence. They typically result from complications during labor and delivery that could have been prevented with proper care.
Common causes of birth injuries include:
- Failure to monitor distress or oxygen levels
- Improper use of delivery tools like forceps or vacuum extractors
- Delayed cesarean section despite warning signs
- Excessive pulling or twisting during delivery
- Failure to treat maternal infections or preeclampsia
Examples of birth injuries include cerebral palsy, brachial plexus injuries, fractures/nerve damage, and brain trauma.
In many cases, birth injuries are preventable. If a doctor, nurse, or hospital fails to follow accepted medical standards, the resulting harm may trigger a medical malpractice claim.
What Is a Birth Defect?
A birth defect is a structural or physical abnormality that develops before birth. They are usually caused by genetic factors or conditions affecting a baby during the mother’s pregnancy. Unlike birth injuries, defects are not typically caused by delivery trauma or errors during childbirth.
Birth defects may occur because of:
- Genetic mutations or inherited conditions
- Exposure to dangerous substances during pregnancy (e.g., certain medications, alcohol, or environmental toxins)
- Nutritional deficiencies
Examples of birth defects include congenital heart defects, cleft lip or palate, spina bifida, and chromosomal abnormalities.
Most birth defects are not preventable, although some may occur because of dangerous drugs or toxic exposures during pregnancy. In those cases, liability may rest with a pharmaceutical company, manufacturer, or another third party (rather than a healthcare provider). Learn more about how negligence can cause a birth defect.
How a Medical Malpractice Lawyer Can Help You After a Birth Injury or Defect
If you suspect your child’s condition resulted from a birth injury, it’s important to consult an experienced birth injury lawyer as soon as possible. Even subtle medical errors can have lifelong consequences for a child.
Your legal team can investigate medical records and help determine whether the harm to your child was avoidable. Importantly, they will consult medical specialists to evaluate whether a medical professional failed to provide the proper standard of care. Additionally, they will work with financial and economic experts to calculate your family’s damages as a result of a birth injury, including your child’s future care needs and complex non-economic losses.
Contact a Houston Birth Injury Lawyer for Help
Both birth injuries and birth defects can profoundly affect a child’s health and a family’s future. Understanding the difference between the two helps families seek the right medical care and explore appropriate legal options.
Many birth injuries occur because of human error. If you believe negligence played a role in your child’s condition, you should seek legal help right away. Contact Hampton & King to schedule a confidential consultation with one of our experienced Houston birth injury lawyers. We’ll help you understand your rights and evaluate your legal options for pursuing compensation.