The Difference Between a Birth Defect and a Birth Injury: What Parents Need to Know

Experiencing complications at birth can be overwhelming for parents. When a child is born with health issues, it is natural to want to understand what caused them and whether anything could have been done differently. The experienced birth injury attorneys with The Becker Law Firm in Cleveland help families who have suffered preventable birth injuries due to medical negligence. It is important to note that the firm does not handle cases involving birth defects that are purely genetic or developmental in nature.

While birth defects and birth injuries can both affect a child’s health, their causes, timing, and legal implications are very different. Understanding the difference helps parents know when medical care may have been mishandled and whether seeking legal guidance is appropriate. Families can find reassurance in learning what steps they can take to protect their child’s future.

What Is a Birth Defect?

A birth defect is a condition that is present at birth and often develops during pregnancy. Most birth defects occur as the baby is forming in the womb and are not the result of medical care during pregnancy or delivery.

Common Examples and Causes of Birth Defects

In most cases, birth defects are not preventable, meaning that birth defects typically do not involve medical malpractice. Common birth defects include:

• Congenital heart defects
• Cleft lip and palate
• Down syndrome
• Spina bifida
• Clubfoot

Causes can include genetic mutations, chromosomal abnormalities, or environmental factors such as maternal infections or exposure to certain substances. 

What Is a Birth Injury?

A birth injury refers to harm that occurs to a baby before, during, or shortly after labor and delivery. Unlike birth defects, birth injuries can sometimes result from preventable errors or delays in medical care.

Examples of Birth Injuries Linked to Labor and Delivery

• Oxygen deprivation leading to hypoxic-ischemic encephalopathy (HIE)
• Cerebral palsy caused by labor and delivery complications
• Nerve injuries such as brachial plexus injuries from improper use of force during delivery
• Brain bleeds or trauma from mismanaged high-risk births

How Medical Decisions, Delays, or Errors Can Contribute

Birth injuries can occur when medical staff fail to respond promptly to warning signs, make errors during delivery, improperly use instruments, or mismanage high-risk pregnancies. Timely and appropriate medical care can prevent many of these injuries. 

Delayed interventions, misinterpretation of fetal monitoring results, or improper use of delivery instruments are common examples of preventable factors that can lead to serious outcomes for a newborn.

Key Differences Between Birth Defects and Birth Injuries

Although both birth defects and birth injuries can affect a child’s health and development, understanding the differences is essential for parents who are trying to determine whether medical care played a role in their child’s condition. These differences involve not only when the condition occurs but also what typically causes it, which has important implications for both medical treatment and potential legal claims.

When Do Birth Defects and Birth Injuries Occur?

• Birth defects: Develop during pregnancy as the baby forms, often early in gestation. These conditions are usually present at birth because of how the baby’s organs or systems developed in the womb.
• Birth injuries: Happen close to or during labor, delivery, or in the immediate newborn period. These injuries often result from complications that arise during childbirth or from medical decisions and actions taken during delivery.

Common Causes of Birth Defects and Birth Injuries

• Birth defects:
  • Genetic mutations or inherited conditions
  • Chromosomal abnormalities
  • Environmental exposures such as infections or certain medications
  • Sometimes unknown or multifactorial causes
    
• Birth injuries:
  • Lack of oxygen (hypoxia) during labor or delivery
  • Trauma caused by improper handling or use of instruments
  • Failure to respond to warning signs of fetal distress
  • Medication errors or delays in necessary interventions

Understanding these distinctions can help parents recognize whether their child’s condition may have been preventable through proper medical care or if it is a result of factors outside of the hospital or physician’s control. This knowledge is also crucial when determining whether to consult a birth injury attorney for a case review.

When Medical Negligence May Be Involved

Medical negligence that leads to medical malpractice may be a factor in birth injuries when delayed interventions, missed diagnoses, or poor monitoring turn a manageable complication into a preventable injury. An in-depth review of medical records is often necessary to determine whether medical errors contributed to a child’s condition. This review helps distinguish between unavoidable outcomes and those caused by substandard care.

Examples of Birth Injuries That May Involve Malpractice

• Oxygen deprivation and hypoxic-ischemic encephalopathy (HIE)
• Cerebral palsy linked to labor and delivery errors
• Nerve injuries such as brachial plexus injuries from excessive force
• Brain bleeds or trauma resulting from mismanaged high-risk deliveries

Steps Parents Should Take if They Suspect a Birth Injury

1. Keep all medical records: Collect hospital records, delivery notes, and prenatal care information.
2. Seek medical evaluation: Ensure the child is assessed by appropriate specialists to document injuries.
3. Document symptoms and treatments: Maintain a detailed journal of the child’s condition, therapies, and ongoing needs.
4. Consult an experienced birth injury attorney: A qualified lawyer can review medical records and determine if negligence may have contributed to the injury.
5. Avoid discussing the case publicly: Do not post about the situation on social media or provide statements without legal guidance.

When The Becker Law Firm Can—and Cannot—Help

The Becker Law Firm focuses on birth injuries that could have been prevented through proper medical care. Not all conditions present at birth fall into this category, so it is important for parents to understand when legal assistance may be appropriate. Generally, the firm cannot help when a child’s condition is solely due to a birth defect with no evidence of medical negligence.

Parents who suspect that errors or delays occurred during pregnancy, labor, or delivery should contact the firm for a case review. Attorneys can examine medical records, consult experts, and determine whether there is a basis for a legal claim. 

To make this distinction clearer, the following chart outlines typical scenarios:

How The Becker Law Firm Supports Families After a Birth Injury

The team at The Becker Law Firm provides comprehensive legal support for a number of case types, guiding families through every stage of the process. Our attorneys help by:

• Reviewing medical records and consulting with medical experts
• Explaining the legal process and likely timelines
• Investigating the circumstances surrounding labor and delivery to determine liability
• Handling communications with hospitals and insurance providers
• Advocating for compensation to cover medical care, therapy, and long-term support
• Ensuring families understand their options and make informed decisions

Our experience allows us to secure outcomes that help families focus on their child’s health and future rather than the legal complications of a birth injury claim.

Parents with concerns about a birth injury should contact us today at 216-480-4620 for a free consultation. One of our attorneys can discuss your situation and explore your options for justice and care.