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Do you know the differences between a birth defect and injury? What about when you can file for a lawsuit? Birth injuries are caused by something that went wrong during birth. Birth defects, on the other hand, are caused during pregnancy or before pregnancy begins. It’s important to know that some birth injuries and defects are unavoidable, so not every injury can lead to a successful lawsuit.

Looking at your case, you will need to prove that your doctor failed to adequately assess or respond to your or your baby’s condition during pregnancy or delivery. If your doctor prescribed you a drug that harmed your baby during pregnancy, that may classify as medical malpractice. Of course, any kind of medical provider can be charged with malpractice, from the nurses who are meant to assist during delivery to the hospital workers turning in your paperwork.

If you’ve been hurt while staying at the hospital, no matter who caused the injury, you may have a claim. Slipping on wet floors, being injured during surgery, or being mistreated by the nursing staff — all of those things can be medical malpractice when linked to the injury of your child or you as a patient.

It’s been estimated that five out of every 1,000 babies in the U.S. are hurt during birth. That statistic, along with your child’s injuries and medical files, can help your case. A jury will look at all the information you provide to determine if the physician really failed to deliver the right standard of care. A specialist will be held to a higher standard of care and may be expected to know more than a non-specialist, putting them at particular risk of medical malpractice lawsuits.