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Birth Injuries vs. Birth Defects

by Aishwarya Gaikwad
Birth Injuries vs. Birth Defects

No one wants to think of their newborn child having any sort of struggle or having any sort of injury that makes their life harder and more difficult. Birth injury and birth defects are somewhat common and understanding the difference between the two can help you to determine if you have a lawsuit that you can file or not. If you feel that your child has had a birth injury and that you have a lawsuit, Wapner Newman Attorneys at Law can help.

What is a Birth Defect?

Birth defects are those defects or issues with a child or with a fetus that were present before the baby was born. This means things that the baby had before they were ever born that were a result of genetics or a result of the genetic makeup of the child. This can be things like heart murmur, cleft lip or palette, an anomaly with the limbs, etc. These are all things that could not be avoided and that were the result of the natural genetics of the child.

Though birth defects are generally unavoidable, there are some birth defects that are the result of a medication or a procedure that you had while pregnant that you may be able to file a lawsuit for. In these cases, there are going to be settlements for a larger number of people as this is generally something that many people are affected by and that people only learn about later down the line.

What is a Birth Injury?

A birth injury is much different. With a birth injury, this is something that is the direct result of the delivery or the delivery process or even the people that took care of the child immediately after birth. This can be something like a dislocated arm that never healed, broken bones upon delivery, deprivation of oxygen through the birthing process and more. These injuries are less common, but they do still occur.

In many cases, birth injury is something that your doctor and the doctor of the baby is going to try to avoid at all costs and they are going to try and make sure that your baby and you are both safe and that you are not going to have to deal with any injury. With birth injury, this is also something that is difficult to prove and that if you are seeking damages as the result of a birth injury, that you take the time to document the entire process.

What to Do if you Are Worried About a Birth Injury?

The first thing to do is of course to take the time to get a second opinion and to get your baby to the doctor. This is going to help them not only work through their injury and work to get better, but it is also going to help you to get a report that is going to help you to figure out what caused the injury, how to better handle it, and how to make sure that your baby is safe and that they are healthy as well.

With a birth injury you are going to need to make sure that your child’s doctor is able to help you prove that it was a birth injury and nothing else. With this type of injury time is also of the essence. If you want to file a lawsuit you want to get the ball rolling early so that it can be proven and so that the information is accurate and well documented. An attorney is going to be your best asset, particularly those that are well versed in birth injury and birth lawsuits.

You need proof of the injury, you may need reports and second opinions, witness statements in some cases, and you may even need photos of the injury to prove that the injury was a result of something that the birth team did or that the doctor did when the baby was born. Birth injuries are not uncommon, they do still happen, and they can change the life of your child forever.

With the help of an attorney you can seek damages to help pay medical bills associated with the injury in question, you may be able to get compensation for any special care that your child needs as a result of that injury, and of course any pain and suffering that you and your child have gone through as a result of that injury.

The right lawyer can help you collect the information you need; they can help you to build your case, and they can help you fight for your child and to get the compensation and the damages that you need to take care of your child despite the injury that they have sustained. The right care is necessary, and the right settlement can help make your child better off and can help give you the money that you need to care for your child and to help them overcome the injury that they have taken.

A great lawyer is going to be compassionate, that is going to help you through the process, and that can help you get the damages that you need and deserve as a result of injury that your child has gone through from their birth. Birth defects may also be entitled to damages in some case, an attorney can better explain.

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