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

A birth injury and a birth defect refer to two different types of medical conditions. A birth injury is an injury sustained during the birthing process, either as a result of trauma to the baby, or as a result of medical malpractice. Some common examples of birth injuries include cerebral palsy, Erb’s palsy, shoulder dystocia, and newborn brain injuries. A birth defect, on the other hand, is a condition that is present at birth, and is due to genetic or environmental factors. It is something that is not caused by trauma or medical malpractice, but rather something that is there from the start. Common birth defects include Down syndrome, cleft lip/palate, and congenital heart defects. Birth injury cases in Delaware can be filed if the birth injury is a result of medical negligence or malpractice. In these cases, the parents may be able to receive compensation to help cover any medical costs associated with treating the injury. If the birth injury was caused by a birth defect, then it would not be possible to file a birth injury claim. Instead, the parents would need to seek other forms of financial assistance.

Related FAQs

What is cerebal palsy and how can it be used in a birth injury claim?
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Can a medical birth injury lawsuit be filed after the statute of limitations has expired?
What kind of compensation can I receive for a birth injury claim?
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