Birthing a child is one of the most amazing moments, and most parents look forward to welcoming their baby with great joy and anticipation. The labor and delivery process can feel overwhelming and have a certain amount of stress; however, it slims compared to having a child with a birth injury or an unavoidable birth defect.
Many parents trust their doctors and nurses, and other medical staff to provide exceptional care during their pregnancy, labor, and delivery, and in an ideal world, there would be no accidents, and everything would go perfectly. Unfortunately, however, births don’t always go according to plan.
Unplanned birth defects, also known as congenital disabilities and birth injuries, can dramatically change a time filled with joy into a time of grieving, fear, and overwhelm. This article will cover distinguishing differences between avoidable birth injuries and unavoidable birth defects.
Identifying Birth Defects
Congenital disabilities or birth defects are unavoidable and generally occur during your pregnancy. Birth defects are common genetic or developmental abnormalities present during pregnancy or after the baby is born.
Depending on the type of congenital disability, it can affect single or multiple organs in the body. Occasionally the baby may have several types of birth defects.
Common Types of Birth Defects
- Down syndrome
- Muscular dystrophy
- Congenital heart defects like pulmonary astreñía and hypoplastic left heart syndrome
- Cleft palate or lip
- Neural tube defects of the spine and brain like spina bifida, encephalocele, and anencephaly
- Limbs that do not entirely form
- Diaphragmatic hernia
- Blood clotting issues (hemophilia)
- Abdominal defects such as omphalocele and gastroschisis
- Brain defects like microcephaly
- Ear defects like microtia and anoxia
- Eye defects like microphthalmia and anophthalmia
- Fetal alcohol syndrome
- Skull defects such as craniosynostosis
Some birth defects may be repairable through surgery, rehabilitation, and other types of therapy, while others will be lifetime impairments for the child. However, most birth defects don’t generally qualify for a viable malpractice claim.
An example of a birth defect that may be determined to be medical malpractice would be if a medication that the doctor prescribed resulted in a birth defect. The doctor might be found negligent if they were aware of the risks.
Various Factors That May Cause Birth Defects
- Maternal medical conditions like obesity or diabetes
- Mother is older than 35, which is considered advanced maternal age
- Drug or alcohol use or smoking during pregnancy
- Certain viral infections, including rubella, varicella, Sitka or cytomegalovirus, etc.
- Taking certain medications during the pregnancy
- If the mother has a fever over 101° as a result of heat exposure during the pregnancy
One of the biggest causes of birth defects is genetics. If someone in your family has been born with a birth defect, you can speak with a genetic counselor or clinical geneticist to determine the chances of your child developing a birth defect.
Identifying Birth Injuries
A birth injury happens to the baby before, during, or after labor and delivery. Depending upon the birth injury, it may have been preventable or not, and birth injuries caused by medical negligence may be a viable medical malpractice suit if the injury was preventable.
However, if your birth injury results from the normal, natural birthing process and there’s no indication of any negligence of the medical healthcare workers, it does not qualify as a viable medical malpractice lawsuit.
Some Types of Medical Negligence That May Result in a Birth Injury
- If the medical professional use excessive force when delivering the baby
- Rh incompatibility
- Misjudging the baby’s size or weight
- Failure to intervene if the fetus appears to be under distress
- Failure to perform an emergency c-section
- Failure to monitor the fetus properly
- Administering an incorrect dosage of Pitocin or anesthesia
Most Common Types of Birth Injuries
- Brain damage or hemorrhage
- Cerebral palsy
- Fractured bones and spinal cord injuries
- Birth asphyxia
- Brachial plexus palsy
- Facial paralysis
- Hypoxic-ischemic encephalopathy (HIE)
If your baby experienced a birth injury, it might be valid grounds to file a medical malpractice claim if the medical provider was negligent and failed to meet medical treatment standards.
Proving Medical Malpractice
To prove that the medical professional’s care was medical malpractice and file a medical malpractice claim, you must show the following:
- You have a patient-provider relationship with the medical professional
- Breach of professional duty, the patient must invoke the concept of standard of care
- The birth injury was the result of substandard care
- The birth injury was caused by the medical professional’s negligence and malpractice
What to Do if Your Baby Has a Birth Defect or Possible Birth Injury
If your baby has a medical condition when born or early in childhood, speak with your doctor to determine what may have caused the birth injury or birth defect. If it’s determined that your baby has a birth defect, you cannot file a medical malpractice claim.
However, if you believe you have a birth-related medical malpractice claim, it’s crucial to contact an experienced medical malpractice attorney right away. Ensure that you get copies of your child’s medical records, including treatments, procedures, and conversations you’ve had with medical professionals. Medical documentation provides crucial evidence in a medical malpractice claim.
For Medical Malpractice Lawsuit Representation, Call the Law Offices of Steve Newman
At The Law Offices of Steve Newman, we are here to help you if you find yourself in the overwhelming and emotional position of having a baby who is a victim of a birth injury. Licensed to practice law in state and federal courts in New Jersey and New York, Attorney Steve Newman has represented clients in all 50 states and has the experience to help you win your case.
Practicing law in the areas of personal injury, medical malpractice, construction litigation, and more, attorney Steve Newman utilizes an extensive network of board-certified physicians to analyze whether medical malpractice occurred.
Contact the Law Offices of Steve Newman today for an attorney dedicated to helping you and protecting your rights.
