Birth injuries and birth defects can result in permanent medical conditions
that require expensive and long-term treatment for your child. Thus, pursuing
compensation against the physician responsible is necessary to seek justice
and obtain a financial settlement. However, parents may not be able to
file a medical malpractice lawsuit for birth defects. What is the difference
between a birth injury and a birth defect?
Birth Injuries Occur During Labor or Delivery
Birth injuries are often preventable, and have several causes. If the doctor
pulls on the baby the wrong way, uses forceps or medical instruments improperly,
administers the wrong amount of medication to the mother, or performs
other unnecessary or incorrect procedures during labor and delivery, the
child could suffer harm. You have the right to file a
medical malpractice lawsuit for injuries your baby suffered due to your doctor’s negligence
or carelessness.
Common types of birth injuries include:
- Shoulder dystocia
- Broken bones
- Cerebral palsy
- Bruising or swelling
- Nerve damage
- Organ damage
Birth Defects Occur During Pregnancy
Birth defects are often the result of your child’s genetic makeup,
and are out of the doctor’s control. This means you won’t
be able to file a lawsuit for birth defects. However, sometimes a birth
defect may be caused by improper medication or an infection. If your doctor
negligently prescribed the wrong dosage of a drug, or failed to identify
and treat an infection or signs of distress, you may be able to pursue
compensation for a birth defect. You must show that the doctor owed you
a duty of care, breached that duty of care, and directly caused the birth defect.
Common types of birth defects include:
- Spinal bifida
- Cleft palate
- Down Syndrome
- Heart murmur
Compassionate Legal Care for You & Your Family
If your child has suffered a birth injury due to your doctor’s negligence,
our firm can help. We know you are going through a stressful time. That
is why we will work hard to handle the legal issues of your case and keep
you informed from start to finish. Doctors and healthcare providers must
be held liable for putting you or your child at risk. With our Philadelphia
birth injury lawyers, you can receive tenacious representation and personal
assistance for your case.
Contact us
today to request a free initial case review.