“Birth injury” and “birth defect” are terms that are sometimes used interchangeably, but they have distinct meanings. Both of these conditions can affect a newborn’s health, but their causes and legal implications differ significantly.
A birth injury is typically the result of a complication that happens during labor or delivery, while a birth defect develops before birth. Knowing the differences between the two is important to navigate medical care, seeking legal options when necessary, and advocating for a child’s well-being.
What is a Birth Injury?
A birth injury occurs when a baby sustains harm during labor or delivery. These can be the result of physical trauma, a medical error, or complications during the birthing process. Some birth injuries heal completely within a few days or weeks, while others can cause lifelong disabilities.
Causes of Birth Injuries
Birth injuries often stem from difficulties during labor and delivery. Some common causes include:
- Oxygen deprivation (birth asphyxia) – When a baby does not receive enough oxygen during birth, it can lead to brain damage or conditions like cerebral palsy.
- Improper use of delivery tools – The use of forceps and vacuum extractors can lead to bruising, fractures, or nerve damage if used incorrectly.
- Delayed C-section – If a doctor fails to perform a timely cesarean section during complications, the baby may suffer serious injuries.
- Excessive force during delivery – Pulling or twisting a baby’s body too forcefully can result in shoulder dystocia or brachial plexus injuries.
Common Types of Birth Injuries
- Cerebral palsy – Cerebral palsy is a neurological disorder that’s caused by brain damage from oxygen deprivation or trauma during birth.
- Brachial plexus injuries – This is damage to the nerves that control the arm and hand, often due to excessive force during delivery. Erb’s palsy is a common type of brachial plexus injury.
- Fractures – Broken bones, particularly in the collarbone, are common in difficult deliveries, especially in cases of shoulder dystocia.
- Intracranial hemorrhage – This bleeding in the brain is typically caused by excessive pressure or trauma during birth.
Many of these birth injuries can be prevented with proper medical care. When a healthcare provider’s negligence leads to this type of injury, the family may have legal options to seek compensation.
What is a Birth Defect?
Birth defects are a medical condition that develops while the baby is still in the womb. These defects can affect the baby’s body structure, functions, or metabolism. Birth defects may be genetic, environmental, or caused by unknown factors.
Unlike birth injuries, they are not the result of labor or delivery complications.
Causes of Birth Defects
The exact cause of many types of birth defects is still unknown, but doctors are aware of several factors that may contribute:
- Genetic mutations – Inherited conditions or spontaneous genetic changes can lead to Down syndrome or cystic fibrosis.
- Environmental factors – Being exposed to harmful substances ingested by the mother, like tobacco, alcohol, or certain medications while pregnant, can increase the risk of birth defects.
- Infections during pregnancy – Maternal infections such as rubella or Zika virus can interfere with fetal development.
- Nutritional deficiencies – Not getting enough essential nutrients, like folic acid, can add to the risk of neural tube defects.
Common Types of Birth Defects
Some of the most common birth defects include:
- Heart defects – Congenital heart conditions, such as a hole in the heart, are among the most common birth defects.
- Cleft lip and palate – This is a gap in the upper lip or the roof of the mouth that forms during fetal development.
- Spina bifida – A neural tube defect in which the spinal cord does not develop completely.
- Down syndrome is a genetic condition caused by an extra chromosome 21, which leads to developmental delays and associated physical characteristics.
Unlike birth injuries, most birth defects aren’t preventable but happen during the natural course of development.
However, prenatal care and genetic screening can help identify potential risks.
Key Differences Between Birth Injuries and Birth Defects
The main differences between a birth injury and a birth defect are timing and cause.
- Birth injuries happen during labor or delivery, often due to medical errors or complications.
- Birth defects develop before birth, typically due to genetic or environmental factors.
- Birth injuries may be prevented with proper medical care, while birth defects are typically unavoidable.
- Birth injuries may allow for legal action if medical negligence is involved, while birth defects generally don’t unless they’re caused by medication or environmental exposure.
Seeking Medical and Legal Help
Parents of children with birth injuries or birth defects often face emotional and financial challenges.
In cases where a birth injury was caused by medical negligence, families may be able to file a medical malpractice claim to cover medical costs, therapy, and long-term care. On the other hand, a birth defect may qualify for financial assistance programs or specialized medical treatment.
If you think that a birth injury may have resulted from improper medical care, consulting a qualified birth injury lawyer can help you determine if legal action is an option.
Taking advantage of early intervention opportunities and support options can make a big difference in a child’s development and quality of life.
Understanding the difference between a birth injury and a birth defect is essential for parents navigating their child’s medical care and can help families seek the right support and legal guidance to ensure the best possible future for their child.
At Shrager, Sachs, & Blanco, we understand the pain and frustration that families face when their baby has been injured.
If your child has suffered a birth injury and you suspect negligence or medical malpractice may have played a part, our experienced birth injury lawyers can help you seek justice.
