According to the Centers for Disease Control and Prevention (CDC), the most common birth defects, in order of how frequently they occur, include:
- Clubfoot (occurs in 1 of every 593 births)
- Trisomy 21 (Down syndrome)
- Pulmonary valve atresia and stenosis
- Cleft lip
- Cleft palate
- Coarctation of the aorta
- Atrioventricular septal defect
- Limb defects
- Gastroschisis
- And more
In addition, babies may suffer injuries during gestation or birth that cause conditions that can affect them throughout their lives. For example, a stroke, brain hemorrhage, birth asphyxia, or other brain injuries can lead to cerebral palsy, intellectual disabilities, and more.
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Diagnosing Common Birth Defects and Injuries in Newborns
Depending on your child’s birth defect or injury, they may receive a diagnosis:
- Before birth, thanks to prenatal monitoring and testing
- Immediately after birth, because of obvious symptoms
- In the months or years following birth, as symptoms appear
Doctors must monitor mother and child during pregnancy. In some cases, they identify birth defects or injuries during this process, and treatment may begin immediately. For example, babies with spina bifida who undergo surgery before birth may have a better outcome than those who have surgery after birth.
Doctors also have a responsibility to recognize signs of problems in newborn babies and give them a prompt and accurate diagnosis. If your baby was born with symptoms of a birth defect or birth injury, your doctor may perform additional testing to diagnose and determine the cause of their condition.
Lastly, if your baby fails to meet developmental milestones or develops concerning symptoms, your doctor should take steps to determine the cause. Prompt treatment and early intervention may give your child a good foundation for overcoming or learning to work with any impairments they suffer early in childhood.
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Some Birth Defects or Birth Injuries May Support a Medical Malpractice Case
Any time a doctor or another medical care provider causes harm to a baby through medical negligence, the child’s family has a right to pursue the doctor or the medical facility for compensation in a medical malpractice lawsuit. The harm to your child may occur because:
- They failed to monitor the pregnancy and identify a condition in the baby
- They caused a birth injury or failed to prevent the injury
- They missed obvious symptoms of a medical condition
- They misdiagnosed the baby
- They failed to treat the baby
In many cases, proving medical malpractice means showing that the care you received fell below a reasonable medical standard and that another doctor in the same situation would have acted differently.
If doctor negligence is responsible for your child’s injuries, you may be able to pursue compensation in a medical malpractice claim or lawsuit. You can do this on your own or with the help of a medical malpractice attorney. An attorney can help you by:
- Identifying who is liable for your child’s injuries
- Hiring medical experts to testify that malpractice occurred in your case
- Assessing the value of your damages
- Communicating with all parties for you
- Negotiating with the insurance company for a settlement offer
- Bringing your case to trial, if needed
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Recoverable Damages in a Birth Injury Lawsuit
The recoverable damages in a birth injury lawsuit depend on many things, including the child’s injuries, their effect on the child’s life, the laws of the state the case is filed in, and more. In general, these damages may include:
- The costs of medical care deemed negligent
- All costs of treatment required by the baby to treat the condition
- The child’s estimated future costs of care
- Lost wages for parents that must stop working to care for the child
- Pain and suffering and other noneconomic damages, where available
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Speak to Someone From the Birth Injury Lawyers Group Today
The Birth Injury Lawyers Group helps families nationwide pursue compensation in medical malpractice lawsuits. If you believe that doctor negligence had a role in your child’s birth defects or injuries, get help today by calling (800) 222-9529. A member of our team is standing by to provide you with a free, no-obligation consultation on your case.
If we believe your case has merit, our firm may offer to represent you on a contingency-fee basis, where no payment is due in advance. We only recover attorney fees in this arrangement if and when you recover compensation in a settlement offer or court award.
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