Birth defects and birth injuries are both devastating health problems that thousands of families face each year. Although they’re equally heartbreaking, and often with similar symptoms, birth defects and birth injuries are actually quite different from a legal standpoint. Here are the main differences to be aware of.
1. Birth injuries often arise from someone else’s negligence.
A birth defect is a medical condition that develops when an infant is still in the woman. Many are genetic and cannot be prevented while others are the result of lifestyle choices.
A birth injury, on the other hand, is not a condition that a child was born with. It is damage that occurs before, during, or after delivery. Common birth injuries include cerebral palsy, spinal fracture, and skull fracture. Sometimes they happen because of a doctor or a nurse’s negligence. If that’s the case, you can hold the responsible medical professional liable.
Sadly, many birth injuries are avoidable, stemming from communication errors or negligence on the medical team’s part.
2. Mothers can be physically affected by birth injuries too.
Mothers can also have injuries from childbirth, both mental and physical — even wrongful death. Common physical injuries include the following:
– Abnormal uterine bleeding
– Broken bones or bruising
– Uterine rupture
Fortunately, these are usually easy to identify. But none of them should ever happen with a properly trained medical team. They can be very costly, requiring medical procedures, therapies, and medication. And they take away the joy any new mom should experience during her first few weeks with her baby.
3. You can take legal action for birth injuries.
With preventable birth injuries that stem from malpractice, you could be entitled to compensation and hold the responsible parties liable for their actions. An experienced Memphis birth injury attorney can help you determine if you have a case.
Apart from the emotional toll of birth injuries, they can be very costly. Families often face doctor’s appointments, medication, therapies, and other expenses. A financial settlement cannot take away the emotional pain of the experience, but it can impact the quality of care you’re able to give your child.
Talk to a Memphis birth injury attorney today
The birth of a child should be a celebratory time. Birth injuries are heartbreaking for the whole family, and at Darrell Castle & Associates, we will fight for you to get the compensation you deserve.
If you or your child have suffered a birth injury, contact us online or call us at (901) 327-2100.