Both a birth injury and a birth defect can have a lifelong impact on a child. Birth injuries and defects can range from mild to the severe, and can result in significant functional limitations in some circumstances.
It is important to understand the difference between a birth injury and a birth defect because often a hospital, doctor, or other healthcare provider is legally liable for a birth injury. This can mean they are responsible for covering the cost of losses after causing harm.
Gill Ports Hoste LLC can help families understand if they have been affected by a birth injury and, if so, can aggressively represent injured victims and their loved ones as they fight for the compensation they deserve after a medical mistake during labor and delivery.
Give us a call today to schedule your free consultation and learn more about how we can help in these difficult situations, or read on to learn more about the differences between birth injuries and birth defects.
What is a birth defect?
A birth defect is a health issue that occurs when a child is developing in the womb. Birth defects often happen due to genetics, environmental factors, or random chance, although sometimes they can be caused by issues like taking medication during pregnancy that turns out to be dangerous.
Some common examples of birth defects include:
- Down syndrome
- Cystic fibrosis
- Sickle cell anemia
- Congenital heart defects
- Spina bifida
- Cleft palate or cleft lip
- Anencephaly
- Muscular dystrophy
- Clubfoot
Depending on the condition, birth defects can result in a shorter life expectancy, as well as functional impairments and cognitive limitations.
Most birth defects do not occur due to medical negligence; however, there are exceptions such as when a doctor prescribes a dangerous medication that affects fetal development.
What is a birth injury?
A birth injury occurs when an otherwise healthy child is harmed because of medical negligence or a problem that occurs in utero or during labor and delivery. Common examples of birth injuries include:
- Hypoxic-ischemic encephalopathy (HIE) resulting from a lack of oxygen to the brain
- Brain injuries from head trauma or placental problems
- Cerebral palsy or other muscle and movement disorders
- Facial paralysis
- Bone fractures
- Erb’s palsy
These injuries are often caused by negligence, such as when a medical care provider uses the forceps or vacuum extractor too aggressively or fails to order an emergency C-section despite clear signs of fetal distress.
Your rights after a birth defect or injury in Chicago
Many medical negligence claims in Chicago arise as a result of birth injury.
If a doctor or care provider failed to fulfill their professional obligations when providing prenatal care or during labor and delivery, this can give rise to legal liability. The medical care provider and potentially their employer could be responsible for compensating you for harm.
This could mean you’re able to recover payment for medical bills, lost wages, pain and suffering, and emotional distress resulting from the injuries resulting from poor medical care. It will be up to you to prove your claim and the extent of your damages, though. An attorney can help.
Contact a birth injury lawyer in Chicago today
A birth injury lawyer in Chicago can help you recover compensation if your child suffered a birth defect or birth injury as a result of medical negligence. To find out more about how we can advocate for you, give us a call or contact us online today.