A birth injury or a birth defect can change a child’s life at the very beginning. As a parent, you’re working to understand your child’s health and learn what you can do to help.
Your child may have a birth injury or a birth defect. Our birth injury lawyers and medical malpractice lawyers at Upstate Personal Injury Lawyers, LLC want you to understand the difference and your child’s important rights.
What is the difference between a birth injury and a birth defect?
A birth defect develops while a fetus is in the womb, while a birth injury occurs during childbirth. When a problem occurs during birth, the child may sustain an injury. On the other hand, a birth defect is a structural difference in a child that exists when the child is born.
What are birth defect examples?
- Heart problems
- Abnormal limbs and mobility challenges
- Spina bifida, other abnormal growth of the brain and spinal cord
- Degenerative disorders
- Sensory abnormalities – blindness or deafness
What are birth injury examples?
- Fractures
- Brachial palsy/Erb’s palsy
- Swelling of the baby’s scalp
- Blood vessel hemorrhage
- Facial paralysis
Does my child have a birth injury or a birth defect?
Whether your child has a birth injury or a birth defect depends on the way that the condition occurred. A birth injury is when something goes wrong specifically during the childbirth process. The child was fine before childbirth and then an unexpected event happened, leaving the child with injuries.
On the other hand, a birth defect is the result of abnormal growth during development. It may be detected before birth, or it may first become known when the child is born.
To know if your child has an injury or defect, the critical question is how it happened. The nature of the injury itself may be indicative of the underlying cause, or you may need to look at other facts to determine the cause.
Can I sue if my child has a birth injury?
Whether you can sue if your child has a birth injury depends on the cause of the injury. Did a healthcare provider do something negligent? Did they show a lack of skill or care in the services they provided during childbirth?
To claim compensation, the injury must be the result of the improper actions or the inaction a doctor, nurse or other person involved in care. You may not know right away if your child’s case meets this standard – a birth injury lawyer can help you investigate.
Can I sue if my child has a birth defect?
It may be possible to sue if your child has a birth defect. Some birth defects develop because of poor medical care. Poor medication management or poor managing of an infection are just two examples. Not all birth defects are the result of an error by a doctor – however, if your child’s medical challenges can be traced to the care that you received while expecting, you may have a claim for medical malpractice on behalf of your child.
Attorneys for Birth Injuries and Medical Malpractice
Is your child facing medical challenges? Do you have questions about their legal rights?
We are Greenville, South Carolina personal injury lawyers. Let us bring our more than 40 years of litigation experience to your case. Contact us to schedule your consultation.
