The Difference Between a Birth Injury and a Birth Defect

The day you have been planning for in the last nine months has finally arrived. The birth of your child is a miraculous thing and one that will change your life forever. But although the pregnancy may have been a smooth ride, something goes wrong during the birth. Your new child’s life is now in danger and you are looking for someone to blame. Before laying blame though, make sure it’s a case of medical malpractice and not a birth defect.

What is a birth injury? This is an injury to the baby that was caused by a complication during labor. Statistics say that out of every 1,000 babies that are born in the U.S., between six and eight of infants are born with a birth injury. A birth injury can happen because of the following reasons:

• The infant was deprived of oxygen during delivery
• The labor lasted for more than 18 hours, which can cause fetal distress
• Negligence by the medical team such as midwife who may not be trained to handle an emergency situation

So how does this differ from a birth defect? A birth defect is something that happened during the pregnancy, causing a problem during the labor process. For instance, the mother drank alcohol or took drugs throughout the pregnancy. Some of the more common birth defects include club foot, a cleft palate, and congenital heart disease which can create an abnormality in the heart. It’s harder to gain compensation for a birth defect since it may have occurred because of your own negligence.

If your infant has suffered a birth injury, it’s best to seek legal advice. For more than 26 years, we have been helping clients with their medical malpractice cases. Contact the Law Offices of Anthony Carbone today for a free consultation.

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