When a child is born with health complications, parents often struggle to understand the underlying cause and how to address it. Determining whether a condition is a birth injury or a birth defect is crucial for knowing the right steps to take.
If you believe your child was harmed during birth due to negligence, contact Goldwater Law Firm. Their compassionate lawyers will fight for your child’s rights.
Understanding Birth Defects and Birth Injuries
Although they are both concerning, birth injuries and birth defects are not the same thing. A birth defect is a problem that occurs during pregnancy, often before labor begins.
These defects may be due to genetic issues, environmental factors, or unknown causes. They can include conditions such as congenital heart defects, cleft palates, or Down syndrome.
On the other hand, a birth injury refers to damage sustained during labor and delivery. These injuries often result from complications or errors in medical care and can include conditions like cerebral palsy, brachial plexus injuries, or fractures. Understanding this distinction helps address the right issue and pursue appropriate legal actions.
Common Birth Injuries
Birth injuries can vary widely in their nature and severity. Here are some common types:
- Cerebral Palsy: A group of disorders that affect movement and muscle coordination. These conditions are often caused by brain injury occurring during birth.
- Brachial Plexus Injury: Damage to the network of nerves controlling the arm and hand, typically resulting from excessive pulling during delivery.
- Fractures: Broken bones, often in the clavicle or arm, result from forceful delivery or the use of delivery instruments.
- Caput Succedaneum: An accumulation of blood between the baby’s skull and the periosteum, usually due to the use of forceps or vacuum extraction.
- Cephalohematoma: An accumulation of blood between the baby’s skull and the periosteum, usually due to the use of forceps or vacuum extraction.
If your child has suffered these types of injuries, you may be able to seek compensation.
How to Determine if Your Child’s Condition Is a Birth Injury or Defect
Identifying whether a condition is a birth injury or a defect involves evaluating the child’s medical history and circumstances. Here’s how you can approach this:
- Medical Records Review: Examine the child’s medical records and birth history to check for any noted complications or incidents during delivery.
- Consult with Experts: Speak with medical professionals who can provide insights into whether the condition is a result of prenatal factors or delivery-related issues.
- Genetic Testing: In cases of uncertain diagnosis, genetic testing might help differentiate between congenital conditions and those resulting from delivery complications.
- Speak With an Attorney: Medical malpractice attorneys know what types of injuries can be caused by medical negligence.
What to Do if You Suspect a Birth Injury
If you have a suspicion that your infant has sustained a birth injury, it’s crucial to take specific steps to secure your rights and seek justice:
- Seek Medical Evaluation: Obtain a thorough examination from specialists who can assess the injury and its causes.
- Document Everything: Keep detailed records of medical treatments, diagnoses, and communications with healthcare providers.
Legal Steps and Compensation for Birth Injuries
If it’s determined that a birth injury resulted from medical negligence, pursuing legal action might be necessary to obtain compensation. However, filing a birth injury lawsuit against doctors, medical professionals, and hospitals can be difficult without the help and guidance from an experienced birth injury attorney.
- Filing a Claim: Your birth injury lawyer will file a claim against the responsible parties. This may include doctors, nurses, or hospitals.
- Gathering Evidence: Collecting medical records, expert testimony, and other evidence is crucial to supporting your case.
- Negotiation and Settlement: Many cases are resolved through settlement negotiations, but some may proceed to trial if an agreement cannot be reached.
A personal injury attorney whose specialty is birth injury cases has the experience to negotiate with insurance company reps and will fight on your behalf to ensure you receive the best possible settlement that covers your child’s lifetime medical needs. Attempting to do so without legal guidance will either result in a denial of compensation or a lowball offer.
Final Thoughts
Understanding whether your child’s condition is a birth defect or a birth injury is essential in determining the right course of action.
If you suspect your child’s birth injury is due to medical negligence, it’s vital to consult with a birth injury lawyer who will help you through the legal process and help ensure that you receive the compensation you deserve. Contacting Goldwater Law Firm can provide the expert assistance you need during this challenging time.
