What is the difference between a birth injury and a birth defect?
The difference between a birth injury and a birth defect is that a birth injury is caused by something happening during labor or delivery, while a birth defect is something that is present from birth. Birth injuries are preventable and are usually the result of medical negligence or improper medical care. Birth defects are a result of genetics or environmental factors, and cannot be prevented. In California, a birth injury can be grounds for a birth injury lawsuit, which is handled by a specialized birth injury attorney. The attorney will have to prove that the injuries were caused by medical negligence or improper medical care. This can include inadequate prenatal care, improper use of delivery instruments, failure to react to signs of distress, or failure to properly monitor during labor and delivery. In the case of a birth defect, however, the injury is unavoidable and not due to medical negligence, so no legal action can be taken. It is important to understand the difference between a birth injury and a birth defect when considering whether to pursue a birth injury lawsuit in California. A birth injury attorney can help determine if the injury was caused by medical negligence and if a lawsuit is an appropriate course of action.
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