Most people have heard the phrases birth injury or birth defect, but few understand the true difference. On top of that, considering the sensitive nature of the topic, legal matters could be involved as well.
First and foremost, it’s important to understand that birth defects develop before birth. The difference we want to focus on here is that birth injuries aren’t seen in the same light. Injuries can be preventable, and there are many legal cases that you can reference on the matter.
As you might expect, it can be a tricky space to navigate, but one that deserves attention and a lawful outcome. This article breaks into some of the key differences between birth injuries and defects and how the law might come into play.
Definitions and Causes
If you’re dealing with a birth injury lawyer, then this could pertain to physical harm related to the mother or the child during birth. Even though it can be preventable, cases like this aren’t so uncommon. However, due to this, it’s even more crucial to accurately discern the difference between injury and defect. Nevertheless, here are a few causes of birth injuries that can lead to a legal case:
- Improper use of medical instruments
- Delayed C-sections
- Failure to accurately monitor vital signs
- Unnecessarily prolonged labor
On the other hand, there are some tell-tale signs of when there’s a birth defect at play. For the most part, these are the biggest influences that could potentially lead to a birth defect:
- Genetic mutations or chromosomal abnormalities
- Environmental factors such as drugs and alcohol
- Maternal health conditionsÂ
There are many risks that can lead to birth defects, but this shouldn’t be confused with an injury of any kind. However, you would be surprised how commonly this can get mixed up when legal matters are involved.
Medical and Legal Perspectives
Determining whether a case stems from a birth injury or defect can be a long rabbit hole of a journey. There’s a lot of due process and diligence involved here, which can make a winning strategy challenging.
From a medical standpoint, they have many procedures to go through when it comes to legal allegations. For example, the most common type of case in this circumstance would be a medical malpractice claim. This examines angles like failure and preventability as well as following necessary procedures.
That’s mainly for birth injuries, but defects tend to take a different route. In many circumstances, birth defect cases focus on product liability. This includes claims against product manufacturers, highlighting harmful substances that may have been involved in the case.
Endnote
While everyone hopes to avoid birth injuries or defects, this isn’t always going to be the case, unfortunately. Legal cases for babies and their mothers go beyond birth alone, but it’s clearly one of the most sensitive times to deal with.
While the tension is understandable, it can make for some pretty technical legal proceedings, depending on the circumstances. However, anyone should be encouraged to seek legal guidance if they feel like they were wronged in regard to their pregnancy.
