What is the difference between a birth injury and a birth defect?
Birth injuries and birth defects are both medical issues that can occur during or shortly after a baby is born. However, there is an important distinction between these two terms. A birth injury is an injury caused by medical negligence or an accident during labor and delivery. This type of injury is generally caused by the actions or negligence of a doctor or care provider. Examples of birth injuries can include bone fractures, brain damage, or nerve damage due to excessive force during delivery. Birth injuries can also be caused by failure to diagnose or treat medical issues prior to delivery. On the other hand, a birth defect is a physical or mental abnormality that exists at birth. It is generally caused by genetic or environmental factors and is usually present from the time of conception. Birth defects can affect any part of the body, from the heart to the nervous system. Some examples of birth defects are Down Syndrome, cleft lip or palate, or spina bifida. In Delaware, birth injury law is deeply rooted in medical malpractice laws, and parents or guardians of a child who has suffered a birth injury may be able to file a lawsuit against the medical professionals responsible for the injury. On the other hand, birth defects are not necessarily caused by medical negligence and as such cannot typically be held liable by the medical professionals.
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