Content Reviewed by:
Dov Apfel
Content Reviewed by: Dov Apfel
Accordion Content
Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
The birth of a child is one of the happiest days in the lives of parents. However, for some, the joy can be replaced by sadness and distress if the infant suffers a medical problem. Many parents wonder whether an injury was caused by a mistake made by the doctor or whether the injury was not preventable. There are distinctions between a birth defect and a birth injury.
What Are Birth Defects?
Birth defects are generally medical issues that were present in the womb and were not a result of mistakes made during labor or delivery. Some of the most common birth defects include:
- Genetic Disorders
- Diseases
- Physical Abnormalities
Many birth defects can be diagnosed during pregnancy through the use of screening tests and diagnostic testing. Birth defects are usually not caused by a medical mistake and simply an unfortunate but unpreventable occurrence. Improved technology allows for the detection of birth defects before birth.
What Are Birth Injuries?
Birth injuries are medical problems that happen during the process of labor or delivery. A birth injury may be due to an unavoidable complication or because of a mistake made by the doctor or medical team. Birth injuries often happen because of difficulties with labor or delivery. The most common birth injuries include:
- Brachial Plexus Injuries
- Spinal Cord Injuries
- Bruises or Broken Bones
- Perinatal Asphyxia
- Cerebral Palsy
- Erb’s Palsy
A birth injury is usually noted immediately, however, the full extent of the physical and cognitive damage may not be immediately known.
What to Do After a Birth Injury Occurs
If your baby was born with a medical problem the origination needs to be determined. If the condition is a birth injury the doctor may be negligent. If the doctor did not take the necessary precautions to prevent the injury or made a mistake during labor or delivery, the injury may be considered medical malpractice. Parents should consult with a qualified birth injury attorney who will investigate the situation and determine whether the family should proceed with a claim.
Prevention and Legal Aspects of Birth Injuries
Birth injuries are often preventable with proper prenatal care, including regular check-ups, monitoring for signs of fetal distress, and avoiding harmful substances like drugs or alcohol. Doctors should act quickly if complications arise during labor, as timely interventions can prevent serious injuries.
If a birth injury occurs due to medical negligence, families may have legal options. The legal process starts with consulting an experienced attorney, who will investigate the case, gather evidence, and determine if a lawsuit is appropriate. Many law firms, including Levin & Perconti, work on a contingency basis, so you don’t pay unless you win.
The timeline for these cases can vary, but the goal is always to get families the compensation they deserve for medical expenses, future care, and emotional suffering. At Levin & Perconti, we have the expertise to handle complex birth injury cases. Call (312) 332-2872 for a free consultation.
Frequently Asked Questions About Birth Injuries
What is the difference between a birth injury and a birth defect?
A birth injury is harm that occurs during labor or delivery due to medical errors or complications. These can include injuries like broken bones, brain damage, or nerve damage. A birth defect, on the other hand, is usually a condition present at birth due to genetic factors or issues during pregnancy.
What are the symptoms of a birth injury?
Symptoms of a birth injury vary depending on the type and severity of the injury. Common signs include difficulty moving certain parts of the body, weakness or lack of muscle control, facial asymmetry, or trouble breathing. In more severe cases, symptoms may include seizures, brain damage, or a noticeable lack of coordination.
How can birth injuries be prevented?
Many birth injuries can be prevented with proper prenatal care, including regular check-ups, monitoring for signs of fetal distress, and taking steps to avoid harmful substances like drugs and alcohol. During labor, quick intervention by healthcare professionals, such as performing a cesarean if needed, can also prevent birth injuries.
Treatment of Birth Injuries
The treatment of birth injuries depends on the severity of the condition. Some minor injuries will heal relatively quickly and the child will not suffer permanent damage. More serious injuries need extensive treatment which may include surgery.
Severe injuries may leave the child with permanent cognitive or physical disabilities that may require lifelong treatment and care.
If your infant was injured at birth, call the compassionate legal team at Levin & Perconti to schedule a consultation.
