Make sure you understand your family’s legal options
The birth of a child should be a moment of joy for the family, but unfortunately, some births are marred by health problems that might require lifelong treatment. When a baby is born with a birth defect or birth injury, the parents deserve answers about what happened and why. Depending on the circumstances, you may have legal recourse against a negligent doctor or hospital.
The difference between birth defects and birth injuries
Broadly speaking, a birth defect is a health problem that develops in utero, often early in pregnancy. Some birth defects are caused by genetics, others are a result of maternal health conditions or behaviors during pregnancy, and still others have no discernible cause at all. Examples of birth defects include
- Down syndrome
- Cleft palate
- Spina bifida
- Heart defects
- Ear defects
- Eye defects
- Fetal alcohol syndrome
A birth injury, in contrast, occurs during the labor and delivery process or shortly after birth. Birth injuries may be caused by hypoxia (lack of oxygen to the brain), infection, traumatic injury during the delivery, and numerous other causes. Examples of birth injuries include:
- Cerebral palsy
- Hypoxic ischemic encephalopathy (HIE)
- Bilirubin encephalopathy (kernicterus)
- Brachial plexus injury/Erb’s palsy
- Klumpke’s palsy
- Spinal cord injury
When can you take legal action for a birth defect or birth injury?
If a medical professional failed to follow standards of care, and your child was harmed because of that failure, then you can take legal action against that medical professional. In principle, that’s true whether your child’s injury is a birth defect or a birth injury.
However, many birth defects are caused by factors outside a doctor’s control, such as genetics, or have no known cause at all. In contrast, birth injuries are more likely to be caused by medical negligence during labor and delivery or immediately after birth, such as failure to monitor the baby’s heart rate during labor, failure to adequately treat or manage an infection, delayed c-section, or failure to treat jaundice, to name a few.
Nevertheless, there are some circumstances when you can sue a doctor for a birth defect. First, some birth defects are caused by medical negligence, often negligent prenatal care. Second, a birth defect can itself increase the risk of a birth injury if a doctor fails to appropriately diagnose the birth defect and properly manage it during labor and delivery. Likewise, failure to appropriately diagnose and treat a newborn with a birth defect immediately after birth can lead to significant harm.
Furthermore, just because a doctor tells you that your child’s injury is a birth defect with no known cause doesn’t make it so. Sometimes, birth injuries are misdiagnosed as birth defects and vice versa.
If you believe something went wrong during your child’s delivery, it’s worth talking to an attorney who can investigate what happened and help you understand your legal rights and options. Contact The Lancione Law Firm today for a free, confidential consultation.