The discussion regarding birth injuries vs. birth defects generally occurs after you welcome a new family member into the world. Both birth injuries and defects can have severe effects on the life and health of your child, as well as you, the parents.
However, birth injuries may come from the negligent actions of a medical professional, while defects generally have genetic causes. You can find out more about both of these health concerns with a birth injury lawyer. Contact a legal professional if you have additional questions.
What Are Birth Defects?
Medical professionals use the term “birth defect” to refer to illnesses or conditions that develop before an infant’s delivery. These health conditions usually represent developmental abnormalities that occur in the womb.
These health conditions usually start to develop in the first trimester of pregnancy. However, according to the Centers for Disease Control and Prevention (CDC), only around 3% of babies experience a birth defect.
"If your child was born with a birth injury, or cerebral palsy, we can help."
What Are Birth Injuries?
Birth injuries occur when problems happen during the birthing process. They do not involve genetic factors. Instead, complications or the negligent actions of someone involved in the birth process cause these health issues.
While both birth defects and birth injuries can result in lifelong complications for children, and both impact newborns, they have many differences. Learn more about birth injuries vs. birth defects now.
Birth Defects vs. Birth Injuries: Causes
Causation represents one of the significant differences between birth defects and birth injuries. Birth defects come from a variety of factors like:
- Drug usage by the mother
- Family medical history
- Untreated infections during pregnancy
Many people wonder: can physical trauma cause birth defects?
Exposure to chemicals could also lead to birth defects in some cases. The causes of birth injuries occur directly during labor or delivery. Some of these causes relate to:
Inevitable Complications
Sometimes, complications prove inevitable during the birthing process. In these situations, doctors and nurses do their best but cannot prevent an injury.
Medical Negligence
While complications cause some birth injuries, many occur due to medical negligence or malpractice. Examples of medical negligence involve doctors or nurses:
- Wounding a baby by following incorrect procedures
- Misusing tools like forceps
- Failing to order a C-section quickly enough
- Failing to monitor the child during delivery
- Using unnecessary force during childbirth
You can secure legal help handling the consequences of birth injuries of a newborn. A legal team can take steps to determine if medical practitioners engaged in negligence during the delivery process.
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Birth Defects vs. Birth Injuries: Diagnosis
Doctors take different steps to diagnose birth injuries or defects.
Diagnosing Birth Defects
Medical professionals can sometimes diagnose birth defects before a child’s birth. Ultrasounds, blood tests, and other diagnostic tests can identify some chromosomal or genetic defects, according to the Cleveland Clinic.
Examples of specific tests used to diagnose birth defects include:
- A fetal echocardiogram
- Fetal MRIs
- Chorionic villus sampling
- Amniocentesis
Doctors do not order these tests for all pregnancies. They may only order them if they suspect a health concern for your child. Finally, some birth defects only receive a diagnosis post-birth, generally due to physical symptoms displayed by your infant.
Diagnosing Birth Injuries
Medical professionals can only diagnose birth injuries after delivery. Doctors and nurses immediately assess the condition of children and may notice an injury if an infant:
- Drools excessively
- Has trouble eating, swallowing, or suckling
- Cries while arching their back
- Has low oxygen levels or a low heart rate
- Reacts sensitively to light
- Has weak reflexes or stiff muscles
Seizures may also serve as a warning sign that a child experienced a birth injury. Note that some symptoms of birth injuries do not present themselves right away. Doctors may take extra time to diagnose an injury as they look for:
- Delays in comprehension and speech development
- Signs of deafness, muteness, or blindness
- Developmental disabilities
- Delays with locomotion
- Issues drinking or eating
Children who have trouble sitting, standing, or walking may receive a birth injury diagnosis. Doctors also assess muscle control, hand-eye coordination, and shakiness. In addition, they may perform several tests once they identify signs and symptoms of birth injuries.
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Birth Defects vs. Birth Injuries: Legal Options
Children with birth defects or birth injuries often require medical care throughout their lives. As a result, families may face extensive medical expenses, which can strain their finances.
Many families in these situations wonder if they can seek compensation to help cover their healthcare expenses. Generally, families cannot secure damages for the costs associated with birth defects.
However, your family may legally seek compensation for birth injuries in some cases. Generally, you have a chance to seek damages to cover your:
- Child’s current and future medical costs
- Lost wages if you have to take off work to care for your child
- Child’s pain, suffering, and mental anguish
- Costs to purchase assistive devices for your child
However, you may not receive compensation in every case involving complications of birth injuries. Legally, families secure damages if a lawyer shows that the birth injury resulted from a physician’s negligent conduct.
Lawyers assess your situation, investigate the actions of all medical professionals caring for your child, and review your losses. Once your lawyer completes these steps, they can provide guidance about pursuing compensation.
Call Us to Learn More About Birth Injuries and Birth Defects
Want to learn more about the birth injuries vs. birth defects debate? You can review information about these serious medical complications with a birth injury lawyer. Working with a legal professional can help you feel confident about getting complete information about your situation.
You can call us or complete our online contact form to learn more.
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