What is the difference between a birth defect and a birth injury?
The difference between a birth defect and a birth injury is significant when discussing legal matters in Tennessee. A birth defect is a physical or cognitive condition caused by a genetic disorder, medication, or environmental factors. These conditions are often present at birth or soon after, and cannot be fixed with medical treatment. Examples of birth defects include Down syndrome, heart defects, and some forms of autism. On the other hand, a birth injury is an injury that is caused by medical negligence during the birthing process. These injuries can be physical, such as head and spinal cord injuries, or cognitive, such as learning delays. Though the initial injury may not be serious, the long-term consequences can be severe. Birth injuries can be caused by improper medical treatment, the use of improper medical equipment, or the failure to detect a medical problem. The key distinction between a birth defect and a birth injury is that a birth injury is caused by the negligence of a medical professional, while a birth defect is not. If a birth injury is caused by the negligence of a medical professional in Tennessee, the patient may be entitled to compensation under birth injury law. This compensation may cover medical costs, lost wages, and other damages suffered by the victim.
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