Although the difference between birth defects and birth traumas can be difficult to distinguish, it is important. While both can lead to devastating consequences later in life and necessitate costly treatments, negligent birth trauma can be largely prevented. Without the help of a knowledgeable medical malpractice lawyer, you can be left trying to pay for future care out of your own pocket.
Birth trauma is physical damage to an otherwise normal infant that typically happens during pregnancy, labor or delivery. Common types of things that causes traumatic injury include untreated infections or conditions that develop during pregnancy, the use of extraction forceps or vacuum devices in assisted deliveries, prolonged labor, and fetal distress.
The Centers for Disease Control categorizes severe trauma as bone fractures, bleeding from soft tissues or internal organs, nerve damage and brain injuries. These type of injuries aren’t always preventable. Some things are beyond the control of medical staff.
However, people also make costly mistakes. Negligence occurs when a condition could have been prevented through medical intervention but wasn’t. It results in serious legal complications.
There is no accurate projection of how many negligent birth traumas occur every year. These cases are often only heard about once the parents file legal action. Many more may go undetected and unreported. Overall, the Centers for Disease Control estimates that there are two million birth injuries from various causes every year. The Mayo Clinic states that Cerebral Palsy, sometimes caused by birth trauma, occurs in 1 out of every 1000 births.
By contrast, a birth defect is an abnormality with the baby has prior to birth, causing a physical or mental impairment. It may be genetic, due to a chromosome abnormalities or environmental factors during pregnancy- including exposure to alcohol and tobacco products. Birth defects can range in severity, from a mild cleft palate and Down Syndrome to severe malformations of organs and limbs.
There is usually nothing that medical professionals can do to prevent birth defects. They occur outside of the control of a doctor or hospital. Birth defects are the leading cause of death in infants during the first 12 months of life.
Unlike birth defects and unavoidable birth injuries, negligent birth trauma happens when medical providers fail to provide the acceptable standard of care. These standards are recognized on a national and local scale. While unintentional, their actions- or lack of- directly result in an infant being harmed. A reasonable expectation of acceptable care requires a medical provider to:
- Diagnose and treat abnormal conditions during pregnancy.
- Adequately monitor or interpret an infant’s vital signs.
- Use instruments correctly while assisting in delivery.
- Perform emergency procedures, such as a caesarian section, in a timely manner.
- Intervene when labor and birth aren’t progressing quickly enough.
Negligence and mistakes resulting in birth trauma have a serious impact on both the parent’s and child’s quality of life. The family may have to endure years of medical treatment and supportive therapies. Doctors, nurses, and hospitals may be liable for present and future financial damages. In reality, money will never compensate for the suffering but deciding to consult a medical malpractice lawyer will protect the child’s future. Getting a fair settlement ensures an injured baby won’t be forced go without much needed care due to a lack of funds.