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Birth Injuries vs. Birth Defects

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.

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