When you are expecting a baby, you are also expecting that your delivery will go smoothly. You may be nervous about the process, but you are confident that your doctor will ensure that everything proceeds safely. Unfortunately, some babies are born with birth defects and others are injured during the birthing process. Understanding the difference between a defect and an injury can help you determine if you have a right to seek compensation.
A birth defect is a genetic abnormality. It may also be caused by an issue with the mother’s health, an infection or environmental conditions. A birth defect is something that occurs in the mother’s womb during gestation. The defects are not labor induced, and may emerge during pregnancy or within a month following the birth.
A birth injury is caused by a complication during the labor or delivery process. It can also be caused by doctor negligence or error. The delivery of a child is not a simple event and can be quite harsh. When force is exerted on an infant as it is being born, damage to muscles, bones, nerves and tissue can occur.
A birth defect is not caused by medical negligence and cannot be the basis of a lawsuit. A birth injury, on the other hand, is caused by negligence and parents have the right to seek compensation for their child’s injuries. Compensation may be sought for current and future medical care, among other financial issues that arise.
Birth injuries may be caused by a failure to properly monitor the mother or child during labor and delivery. It can be caused when a doctor uses too much force to assist the infant in emerging from the uterus or birth canal. Birth injuries include things like cerebral palsy and nerve damage.
If you believe that your child’s injury was the result of medical malpractice in Charleston, you have a right to seek compensation and justice. Reach out to our team of attorneys today and schedule an appointment for a free case evaluation. We will advise you of your options as you move forward.