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While many people use the terms “birth defect” and “birth injury” interchangeably, there is a physical, and legal, difference between the two.
A birth defect typically means that something occurred prior to or during pregnancy that caused something to go wrong with the child’s health and development. A birth injury, or birth trauma, means that something happened during delivery that caused the baby to be deprived of oxygen or to suffer some other injury that was the direct cause of problems during delivery.
Unfortunately, most cases of birth trauma could have been avoided.
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For medical malpractice to be proven, four different elements must exist: duty of care, breach of duty, injury, and proximate cause. Duty of care means that the doctor or medical professional was responsible for providing reasonable care—something that is almost always me when a doctor-patient relationship exists. Breach of duty means that the doctor did not provide the reasonable and professional care he or she owed to you. Injury must have been caused by that breach of duty, and proximate cause means that without the negligent act itself, the injury would not have occurred. I
f it can be shown that you may have suffered the injury even if the doctor had not made the mistake, there is no proximate cause.
If you or a loved one has suffered a birth injury, it is important to seek professional advice as soon as possible as most states impose time limits.
