What is the difference between a birth injury and a birth defect?

Birth injuries and birth defects both refer to conditions that occur in newborns, but the two terms have different meanings. Birth injuries refer to physical or mental impairments that occur due to an event that takes place during or immediately following childbirth. This is usually the result of an external force, such as medical negligence. Common birth injuries include cerebral palsy, Erb’s palsy, shoulder dystocia, and brachial plexus palsy. On the other hand, birth defects are physical or mental impairments that are present at birth, but are not caused by an event that occurs around the time of delivery. Birth defects can be caused by a variety of factors, including genetic abnormalities, maternal age, or exposure to certain environmental conditions like smoke or alcohol. Common birth defects include spina bifida, chromosomal defects, and congenital heart defects. Both birth injuries and birth defects can have serious, long-lasting impacts on a child’s health and development, so it’s important for families to be aware of the differences between the two conditions. In Oregon, birth injury laws are in place to help hold medical providers accountable for any negligence that leads to a birth injury. However, birth defects, which are usually not the result of medical negligence, are not covered by birth injury laws.

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