Starting in the 1950s, a popular fundraising group began to draw national attention to the problems of birth defects. Decades later, the term “birth injuries” started to become more common. For that reason, many people wonder whether they are essentially the same medical issue, just wrapped in different terminology.
However, birth injuries are quite distinct from birth defects. If you have a child who is struggling to overcome challenges because of birth injuries or birth defects, it is crucial to understand the difference. Depending on the circumstances involved, a medical malpractice attorney may be able to assist in recovering resources for the child in either type of situation.
Birth Injuries Involve Harm That Occurred Shortly Before, During, or After Birth
Birth injuries are distinguished from birth defects based on the reason for the problem and the timing of the problem. When something happens right before or near the time a child is born, it is considered to be a birth injury. These injuries often occur when a baby suffers a lack of oxygen, which damages cells in the brain and other parts of the body. For example, medical attendants might not be paying attention to monitors that show signs of fetal distress. If they fail to act to speed delivery or do something else to ensure that the baby receives proper oxygen, the child can suffer severe injuries or even death.
Other types of birth injuries occur because a child was manipulated inappropriately during the birth process. A child’s neck and shoulders might be forcefully pulled, for instance, damaging the brachial plexus and leading to Erb’s palsy.
Birth Defects Develop Before a Child is Born
Birth defects are abnormal conditions that develop as a child is growing in the uterus. Sometimes they are caused by genetic factors, but they can also be caused by environmental factors. The exact cause may be a combination of factors or may not be discerned at all.
Abnormal conditions may be structural, involving the child’s physical structure, or functional, preventing normal functioning. An example of a structural anomaly would be a cleft palate, and an example of a functional anomaly would be a heart defect. Some birth defects result from a child having an abnormal number of chromosomes or an abnormal chromosome structure.
Preventing Birth Injuries and Birth Defects
When physicians and other healthcare providers fail to follow reasonable medical guidelines during a patient’s pregnancy and childbirth, their mistakes lead to injuries and defects that could have been prevented. Hospitals sometimes do not allow caregivers to spend enough time with each patient to adequately monitor conditions, which can make it likely that problems will go unnoticed until it is too late to take appropriate corrective measures. Many medical mistakes that lead to birth injuries could have been prevented if someone had fulfilled their obligations responsibly.
Birth defects may not be as easy to prevent because their causes are harder to determine. When a birth defect is due to a genetic condition, it is obviously not the fault of a medical practitioner. However, medical providers often fail to conduct appropriate tests, and they sometimes prescribe medications to pregnant patients that can increase the likelihood or severity of birth defects.
Recognizing and Addressing Birth Injuries and Birth Defects
While some birth injuries and defects are immediately apparent at birth, others do not show symptoms until later. A child with cerebral palsy, which is frequently caused by a lack of oxygen during the birth process, may not show signs until months after birth.
When a doctor’s failure to reasonably diagnose or treat a medical condition causes a child to suffer harm, the doctor can be held liable for malpractice regardless of whether the child’s condition stems from a birth injury or birth defect. The issue is whether the doctor or the facility’s care caused the problem or made it worse.
Talk to Ragain & Clark if You Suspect Your Child is Suffering from a Birth Injury or Defect That Could Have Been Prevented
A medical malpractice lawsuit will not undo the damage caused by inattentive health care providers or a hospital that puts profits ahead of patients. However, a malpractice claim can provide valuable resources to meet the family’s future needs. Birth injuries and birth defects often affect a child’s life permanently, requiring additional medical care and accommodations that can have a tremendous impact on the entire family.
If you have a child with injuries or defects that could potentially have been caused or exacerbated by medical malpractice, we invite you to contact Ragain & Clark for a free consultation to discuss your options for recovery with a Wyoming birth injury lawyer. Call 307-388-6400 or reach out to us online now.
