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Differences Between Birth Injuries & Birth Defects

January 29, 2025 Pegalis Law Group
Close-up of a modern medical incubator

The birth of a child marks the beginning of an exciting new chapter for most parents. However, in some cases, complications may affect the newborn’s health. These complications come in two forms – birth injuries and birth defects. While they may sound similar, they’re fundamentally different in their causes, diagnosis, and prevention. In honor of January being National Birth Defects Awareness Month, Pegalis Law Group, LLC is taking a closer look at the differences between birth defects and birth injuries so parents can seek the proper support and treatment.

What Is a Birth Injury? What Are Some Common Birth Injuries?

Birth injuries occur during labor and delivery. These are physical traumas that happen because of complications at birth or improper medical intervention. They’re typically avoidable and directly related to the birthing process. Birth injuries often happen when the labor is prolonged, putting additional physical stress on the baby or mother and increasing the risk of injury. They also occur when medical instruments like forceps are misused or when errors in judgment, delayed responses, or improper techniques during delivery cause injury. Some common examples of birth injuries include:

  • Brachial Plexus Injuries (Erb’s Palsy) – Often caused by excessive force during delivery, this injury involves damage to the nerves controlling arm and hand movement.
  • Fractures – Typically occurring in the clavicle (collarbone), this injury may occur when excessive pressure is applied during delivery.
  • Cephalohematoma – Bleeding under the scalp may occur due to the use of vacuum extraction or prolonged pressure during delivery.
  • Facial Paralysis – Pressure on the facial nerves can cause partial paralysis, which is often temporary.
  • Brain Injuries (HIE) – Hypoxic-Ischemic Encephalopathy (HIE) refers to brain damage caused by oxygen deprivation during delivery.

What Is a Birth Defect? What Are Common Birth Defects?

Unlike birth injuries, birth defects are abnormalities that develop while the baby is in the womb. These conditions aren’t directly related to labor or delivery. Many birth defects are caused by genetics or maternal health conditions (diabetes, infections, or lack of folic acid in the mother’s diet). However, some may be caused due to harmful exposure to drugs, alcohol, or toxins in the environment. Despite ongoing research, the cause of many birth defects remains unknown. Common examples include:

  • Congenital Heart Defects – Surgery or treatment is typically needed when structural issues in the heart are present at birth.
  • Cleft Lip and Palate – Openings or splits in the roof of the mouth or lips can affect feeding, speech, and appearance.
  • Spina Bifida – When a neural tube defect prevents the spine from developing properly, this condition results in potential physical disability.
  • Down Syndrome – This genetic disorder is caused by having an extra chromosome 21, which results in developmental delays.
  • Clubfoot – This is a physical abnormality where one or both feet are twisted out of shape or position.

How Can You Prevent Birth Injuries and Birth Defects?

While some birth injuries arise from factors beyond control, others you can prevent with proper care. Regular prenatal care helps identify potential complications early and allows for a safer delivery plan. Skilled medical intervention during labor and avoiding risky delivery practices can also greatly reduce the chances of injury. Not all birth defects are preventable, but avoiding harmful substances, taking prenatal vitamins, managing chronic conditions, and getting vaccinated during pregnancy can reduce their risks.

What to Do if You Suspect Medical Negligence Occurred

If your child’s birth injury was caused by medical negligence, there are legal avenues available to seek compensation. Contact an attorney specializing in medical malpractice and birth injuries to review your case, explain your legal rights, and guide you on the steps involved in the process. Be aware of the statute of limitations for medical malpractice cases in your state. It also helps to keep detailed records of your prenatal care, labor, delivery, and postpartum experiences. This includes copies of medical records, lab results, correspondence with healthcare providers, and notes about any concerns.

Follow Us to Be Proactive About Your Family’s Healthcare

Understanding the difference between birth injuries and birth defects can empower parents to take informed action. Whether navigating treatment options or considering legal counsel for a birth injury caused by negligence, knowledge is power. As a New York-based law firm focused on personal injury and medical malpractice for 50+ years, Pegalis Law Group, LLC is committed to creating more proactive parents. Please visit our website and follow us on YouTube, Twitter, Facebook, and LinkedIn for more healthcare-related insights for the whole family.