Birth Injuries and Birth Defects: Who Is Responsible?

 Posted on December 00, 0000 in Medical Malpractice

One of the most exciting times in a couple’s life is when they are expecting a child. Picking out a name, decorating the nursery, picking out baby clothes – all the planning that must be done to prepare for the baby’s arrival. Whether it is a couple’s first baby or their fourth, there is often some apprehension and worry over whether or not the baby will be okay, but there is also usually confidence that the doctor and medical staff will do everything to ensure a safe delivery and a healthy baby.

Tragically, that is not always the case and there are many babies who are born with serious medical conditions or injuries – or even more tragically – do not survive those injuries. When this happens, how do the bereaved parents know if it was something that the doctor had no control over or if the injury or issue was in fact caused by something the doctor did or failed to do? Was it a birth defect or a birth injury?

Birth Defect

A birth defect is something that occurs while the baby is growing in its mother’s womb. Although birth defects can happen at any stage of the pregnancy, they most often happen during the first trimester, which takes place during the first three months of the pregnancy.

There are almost 120,000 babies born in the United States each year who have some kind of birth defect. These can be a result of genetics or lifestyle behaviors and choices during pregnancy. Other causes of birth defects include the mother’s exposure to certain chemicals or medications, as well as exposure to infections while pregnant.

Birth Injury

A birth injury occurs either during or just after a baby is delivered and is often caused by medical personnel failing to closely monitor the mother and her baby during labor and delivery.

Some of the different types of birth injuries include brain damage, broken bones, and nerve damage. For example, the obstetrician may apply too much force when attempting to help the baby out of the birth canal and this could cause some type of serious injury. Cerebral Palsy, Erb’s Palsy, perinatal asphyxia, and brachial plexus are all conditions that happen usually as a result of birth injuries.

Another common birth injury is meconium aspiration syndrome. This is when a newborn goes into respiratory distress, either right before or during the delivery, and has breathed meconium into the lungs, resulting in serious injury to the newborn's lungs. In some cases, the injury is fatal.

If your child suffered a birth injury as a result of possible medical malpractice due to the actions of medical personnel involved in the delivery, contact a skilled Orland Park medical malpractice attorney to discuss what legal recourse you may have. Call Issa Law, LLC at 708-966-2408 for your free initial consultation.

Sources:

http://www.cdc.gov/ncbddd/birthdefects/facts.html

http://www.merckmanuals.com/home/children-s-health-issues/problems-in-newborns/meconium-aspiration-syndrome