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

A birth defect is a defect in an infant’s body which is present at birth and may be caused by genetic or environmental factors. These defects can vary in severity, and some may be life-threatening. Birth defects may make it difficult for a baby to develop normally, and in some cases, may be visible. A birth injury is an injury that occurs during the course of labor or delivery. This type of injury is typically preventable with proper medical care. Birth injuries often cause long-term harm and can be physical, psychological, or both. Common birth injuries include “cerebral palsy, Erb’s palsy, brachial plexus injury, fractured bones, facial paralysis, and brain damage.” Birth injury cases can vary. In Delaware, birth injury legal cases involve a provider failing to provide the appropriate standard of care during the birthing process. Parents can pursue legal action if it can be determined that the birth injury was a result of negligence or carelessness of a medical professional. This legal action is designed to provide compensation to cover costs associated with the injury. It can also provide justice and a sense of closure for the family.

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