What Is the Difference Between A Birth Injury and a Birth Defect?

By Bailey & Greer, PLLC | February 10, 2021

When obstetricians, midwifes, and anyone involved in the birth or delivery of a newborn commit medical practice, the parents have the right to hold the negligent health providers liable for their medical malpractice. Medical malpractice generally requires that there be a doctor/patient relationship with the mother, that the doctor failed to use competent medical care, and that the failure of care caused a birth injury. Birth injuries can cause a range of short-term and long-erm medical problems including physical, emotional, and cognitive disabilities. In the most tragic cases, the baby dies. Birth injuries generally happen during or near the time of delivery. Birth defects generally occur prior to the birth of the baby. According to the Centers for Disease Control and Prevention (CDC), 3% of all babies are born with a birth defect. Many birth disabilities/defects are due to genetics. Others may be due to medical errors during the pregnancy. Birth injuries Birth injuries can be caused by the following: • Improper use of forceps • Improper use of vacuum extraction tools • Failing to direct a C-section when necessary • Failure to ensure the baby has the correct amount of oxygen • Problems with the umbilical cord Some of the various types of birth injuries a newborn may suffer include the following: • Cerebral palsy • Erb’s palsy • Shoulder dystocia • Brachial plexus injury • Injuries to the brain, head, and skull • Perinatal asphyxia – commonly known as oxygen deprivation In many cases, the delivery doctors fail to properly anticipate problems that can reasonably occur in any birth or the doctors fail to act upon advance knowledge of complications in the pregnancy. Birth defects Many birth defects occur shortly after insemination and as the baby grows in the womb. Genetic mutations can cause a range of defects such as: • Cleft lips or cleft palates • Club foot or limb defects • Down syndrome • Atrioventricular septal defect • Many other types of brain, spine, heart, eye, face, stomach, muscle, bone, and chromosome defects Birth defects that may be due to the negligence of the pregnancy doctor before the delivery include the following: • Rh compatibility. This is a condition due to incompatible blood types of the mother and baby. The condition should be preventable. If proper steps aren’t taken, the baby can suffer brain damage and other newborn disorders. • Hypoglycemia. Failure to monitor low blood sugar in the mother can cause congenital defects and other health problems • Infections. Failure to detect infections in the mother may cause the newborn to be born with the same infections which can cause a variety of harmful health issues. There may be other reasons medical errors cause birth defects. At Bailey & Greer, PLLC, our Little Rock birth injury lawyers understand how devastating it is to learn that your newborn has a birth injury due to delivery room medical malpractice or a birth defect due to medical errors during your pregnancy. We demand compensation for your newborn’s medical care, for their lifetime of pain and suffering, for any disfigurement, and for all the ways your child won’t be able to have a normal life. Our experienced birth lawyers have obtained multi-million settlements in a number of birth injury cases. For help holding physicians accountable, call us at 501-213-1512 or fill out our contact form to schedule an appointment. Meta description. Birth injuries generally occur during delivery while birth defects occur during the pregnancy. To discuss any birth injury or defect, call Bailey & Greer, PLLC today.When obstetricians, midwifes, and anyone involved in the birth or delivery of a newborn commit medical practice, the parents have the right to hold the negligent health providers liable for their medical malpractice. Medical malpractice generally requires that there be a doctor/patient relationship with the mother, that the doctor failed to use competent medical care, and that the failure of care caused a birth injury. Birth injuries can cause a range of short-term and long-erm medical problems including physical, emotional, and cognitive disabilities. In the most tragic cases, the baby dies.

Birth injuries generally happen during or near the time of delivery. Birth defects generally occur prior to the birth of the baby. According to the Centers for Disease Control and Prevention (CDC), 3% of all babies are born with a birth defect. Many birth disabilities/defects are due to genetics. Others may be due to medical errors during the pregnancy.

Birth injuries

Birth injuries can be caused by the following:

  • Improper use of forceps
  • Improper use of vacuum extraction tools
  • Failing to direct a C-section when necessary
  • Failure to ensure the baby has the correct amount of oxygen
  • Problems with the umbilical cord

Some of the various types of birth injuries a newborn may suffer include the following:

  • Cerebral palsy
  • Erb’s palsy
  • Shoulder dystocia
  • Brachial plexus injury
  • Injuries to the brain, head, and skull
  • Perinatal asphyxia – commonly known as oxygen deprivation

In many cases, the delivery doctors fail to properly anticipate problems that can reasonably occur in any birth or the doctors fail to act upon advance knowledge of complications in the pregnancy.

Birth defects

Many birth defects occur shortly after insemination and as the baby grows in the womb. Genetic mutations can cause a range of defects such as:

  • Cleft lips or cleft palates
  • Club foot or limb defects
  • Down syndrome
  • Atrioventricular septal defect
  • Many other types of brain, spine, heart, eye, face, stomach, muscle, bone, and chromosome defects

Birth defects that may be due to the negligence of the pregnancy doctor before the delivery include the following:

  • Rh compatibility. This is a condition due to incompatible blood types of the mother and baby. The condition should be preventable. If proper steps aren’t taken, the baby can suffer brain damage and other newborn disorders.
  • Failure to monitor low blood sugar in the mother can cause congenital defects and other health problems
  • Failure to detect infections in the mother may cause the newborn to be born with the same infections which can cause a variety of harmful health issues.

There may be other reasons medical errors cause birth defects.

At Bailey & Greer, PLLC, our Little Rock birth injury lawyers understand how devastating it is to learn that your newborn has a birth injury due to delivery room medical malpractice or a birth defect due to medical errors during your pregnancy. We demand compensation for your newborn’s medical care, for their lifetime of pain and suffering, for any disfigurement, and for all the ways your child won’t be able to have a normal life. Our experienced birth lawyers have obtained multi-million settlements in a number of birth injury cases. For help holding physicians accountable, call us at 501-213-1512 or fill out our contact form to schedule an appointment.

Meta description. Birth injuries generally occur during delivery while birth defects occur during the pregnancy. To discuss any birth injury or defect, call Bailey & Greer, PLLC today.

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