A birth defect is a health problem that usually is DAN related. Some examples are Down Syndrome, a cleft palate or even a heart murmur. Sometimes birth defects derive from outside factors like taking SSRIs during pregnancy. A birth injury is one suffered by a child during labor or delivery or soon after birth. These injuries may range from minor problems such as lacerations or bruising to severe injuries that could prove fatal.
Birth Injury vs Defect
Birth injuries usually happen during or just after delivery. There are many different types of birth injuries. These range from nerve damage and broken bones to brain damage. In some cases, birth injuries are unavoidable. For example, babies born in the breech position can have brachial plexus injuries. These happen when babies raise their arms over their head during delivery. However, doctors and other medical professionals normally cause the majority of birth injuries. An example of this is a doctor improperly using forceps and damaging the baby’s cranial nerve. Other negligence can lead to a birth injury like failure to monitor the mother and child for signs of distress, prescribing dangerous medications, or inflicting physical trauma during delivery.
Doctor’s Legal Duty of Care
After becoming a patient, doctors present a legal duty of care. This means they must treat using a standard of care. If a doctor fails to meet this standard, that’s a breach of their duty of care. Therefore, they can be held legally liable for any damage they cause. The damage can be during pregnancy by not monitoring for proper development. Failure to diagnose a dangerous infection can damage the baby’s brain.
Also, negligence can happen during delivery as well. When a baby becomes distressed from oxygen deprivation, this also leads to brain damage. If a medical professional pulls the baby through the birth canal with too much force, it can cause physical trauma. These injuries include damage to the brachial plexus nerves, cranial nerves, and spinal cord. It can also cause broken bones.
No amount of money can undo the harm or suffering caused by a birth injury. However, birth injuries are often lifelong complications that require consistent medical treatment and rehabilitation. Depending on the severity of the injuries, the financial costs associated with birth injuries can range from several thousand to over a million during the lifespan of a child with birth injuries.
For instance, according to the Centers for Disease Control and Prevention (CDC), the lifetime costs associated with a child who has cerebral palsy (CP) is around $1 million. The costs associated with a child who suffers hearing loss after a birth injury typically ranges around $400,00.
It is important to remember that if your child’s birth injuries are a result of medical negligence and carelessness, the medical staff, hospital, and/or physician may be liable for damages. A complex litigation attorney can help. At The Michael Brady Lynch Firm, our lawyers have decades of experience helping injured people get justice and full compensation for injuries caused negligence. The Michel Brady Lynch Firm regularly takes on the largest corporations in the world with a track records of proven success and results. Contact The Michael Brady Lynch Firm today, and our attorneys will review your case for free and help you protect your rights. For your complimentary consultation, call our office now.