Birth Injury vs. Birth Defect: Understanding the Differences

Nearly 200 babies are born in Maryland every day. Some of these infants are born with birth defects or suffer birth injuries. These conditions can limit a child’s physical or mental abilities.

This article explains the differences between birth injuries and birth defects. It also discusses the legal rights of Maryland families whose children have been affected by these conditions and how a Laurel personal injury lawyer can help.

Birth Injuries vs. Birth Defects: What’s the Difference?

Generally, birth defects occur before a baby is born. Most are genetic, but exposure to teratogens (birth defect-causing materials) can also play a role.

A baby with a birth defect would likely be born with that condition regardless of the medical staff’s actions. By contrast, with a birth injury, the fetus developed normally but was injured during labor and delivery.

Common Birth Defects and Their Causes

About three percent of all babies in the U.S. are born with a birth defect. Some common birth defects include:

Anencephaly
Cleft lip
Cleft palate
Clubfoot
Congenital heart disease
Cystic fibrosis
Down syndrome
Hip dysplasia
Limb issues (including abnormal limbs and missing limbs (amelia))
Microcephaly
Muscular dystrophy
Spina bifida

About 20 percent of birth defects are caused by genetic abnormalities while about five percent are caused by teratogens such as lead, certain medications, radiation, and viruses (e.g. Rubella (German measles) and Zika). Many are caused by multiple factors. Up to 50 percent of birth defects have no identifiable cause.

Common Birth Injuries and How They Happen

Birth injuries happen in about seven out of every 1000 live births. Common birth injuries include:

Asphyxia (lack of oxygen; can cause hypoxic-ischemic encephalopathy (HIE))
Brain damage
Brain hemorrhage
Bone fractures (especially to the clavicle (collarbone), humerus (forearm), and skull)
Brachial plexus injuries (injuries to the nerves in the shoulder and arm), including Erb’s Palsy
Cephalohematoma (blood clots on the head)
Cerebral palsy
Facial nerve injuries
Spinal cord injuries

Unlike birth defects, most birth injuries are related to mistakes made by the obstetric team during labor and delivery. Common errors include:

Allowing the mother to labor for too long
Delaying a needed Cesarean procedure (C-section)
Failing to identify or promptly address signs of fetal distress
Failing to properly monitor the mother or fetus
Giving incorrect medications or doses
Improperly using tools (e.g. forceps, vacuum extractors) during delivery

Legal Remedies for Birth Defects

Because birth defects are usually not caused by medical staff, legal remedies are limited. However, Maryland parents can sue for wrongful birth. In a wrongful birth suit, the parents argue that the doctor’s failure to identify their child’s condition deprived them of the opportunity to end the pregnancy. Mistakes that could support a wrongful birth claim include failing to perform genetic tests or misinterpreting the results of such tests.

If your suit succeeds, you may be entitled to damages. A Waldorf personal injury lawyer can tell you which damages are most appropriate in your case, but damages in birth injury cases typically cover the additional costs of raising a child with a birth defect, such as specialized medical or educational care or assistance. However, in Maryland, children with birth defects cannot receive damages.

Legal Remedies for Birth Injuries

Medical mistakes often cause birth injuries. To win your case against a doctor, hospital, or medical facility, you (and your Laurel birth injury attorney) will have to prove the following:

There was a doctor-patient relationship
The doctor or medical facility did not follow the accepted practices followed by other labor and delivery professionals
Your doctor or medical facility’s failures caused your child’s injury
Your child’s injury has harmed you and your family

Parents of children with birth injuries may receive damages to cover medical care, including devices and therapies, needed to manage their child’s condition. In addition, your child may receive damages for their pain and suffering and lost earning potential.