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What's the Difference Between Birth Injuries and Defects?

The Lancione Law Firm

Giving birth is one of the many risky, but miraculous, events in life. While everyone hopes that a child’s birth will be positive and that the baby will be healthy, that’s not always the case. Birth injuries or defects can lead to problems now or in the future.

Birth injuries and birth defects are not the same thing. In fact, many people get these confused, but defects can happen due to genetic reasons, just as injuries can take place because of unavoidable issues during delivery.

What Are Birth Injuries?

Birth injuries are typically the result of complications during delivery, although some are normal. For instance, it’s not uncommon for a newborn to suffer some bruising or to have a broken collar bone from passing through the birth canal. However, something like hypoxia should have been monitored and avoided, which could mean you have a right to a claim against your medical team.

What Are Birth Defects?

Birth defects can be caused by genetic issues or problems with medications or other things during your pregnancy. Many defects are natural, but if you’re taking a medication known to cause defects, for instance, and aren’t told of the possibility, you may be able to claim negligence or malpractice against your doctor.

It’s estimated that 7 percent of babies are born with birth defects or irregularities, which can range from minor to severe. Teratogen chemicals can cause these defects, so if you find out that your drugs taken during pregnancy have caused your baby’s defects, it’s important to seek more information about your legal rights.

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