Birth Injuries Vs. Birth Defects

There are several differences between birth injuries and birth defects that expectant parents should understand.

While the terms “birth injury” and “birth defect” are sometimes used interchangeably, there is an important difference between the two. 

A birth defect is a condition that forms during a mother’s pregnancy, before the baby is born, and is in no way caused by the baby’s or the mother’s medical care. 

Instead, the condition often arises due to genetics. However, a birth injury occurs when there is physical harm done to the baby during the labor or delivery process.

Understanding the distinction between birth injuries and birth defects is essential for seeking appropriate medical and legal support. Birth defects, often identified through prenatal screenings, may require specialized care post-birth. In contrast, birth injuries necessitate an investigation into the medical care during delivery and may involve pursuing legal action against responsible parties. Acknowledging these differences helps families navigate medical care effectively, ensuring children receive the appropriate interventions and support necessary for their unique conditions.

Common Causes of Birth Injuries 

Some of the most common causes of birth injuries include:

• Improper Use of Assistive Birthing Devices: Tools like forceps or vacuum extractors are sometimes used to assist in the delivery process. Improper or excessive use of these devices can lead to birth injuries, such as bruising, lacerations, or nerve damage to the baby's head, neck, or shoulders.
• Failure to Order a Cesarean Delivery (C-Section): In certain situations where there are complications during labor, such as fetal distress, umbilical cord issues, or prolonged labor, a timely C-section might be necessary. Failure to recognize these signs or delays in deciding to perform a C-section can result in birth injuries due to oxygen deprivation or trauma during prolonged labor.
• Inadequate or Inappropriate Response to Birth Complications: Complications during childbirth require prompt and appropriate responses from medical professionals. Failure to recognize or address issues like umbilical cord entrapment, placental abruption, or fetal distress can lead to birth injuries.
• Failure to Monitor the Infant for Signs of Fetal Distress: Monitoring the baby's vital signs and responses during labor is crucial. Failure to recognize signs of fetal distress, such as abnormal heart rate or oxygen levels, can result in delayed interventions and potential birth injuries.
• Medication Errors: Errors in administering medications to the mother before, during, or after birth can have adverse effects on both the mother and the baby. Dosage mistakes or giving the wrong medication can lead to complications, affecting the health of the newborn.
• Inadequate Prenatal Care: In some cases, birth injuries might be a result of inadequate prenatal care, where potential risks or complications during childbirth were not identified or addressed early in the pregnancy.
• Mismanagement of High-Risk Pregnancies: Pregnancies considered high-risk due to factors like maternal health conditions or multiples require specialized care. Mismanagement or inadequate attention to these high-risk pregnancies can lead to birth injuries.
• Failure to Perform Necessary Tests or Screenings: Inadequate or missed prenatal screenings and tests can result in a failure to identify potential risks or complications, leading to unanticipated birth injuries.
• Lack of Communication or Coordination Among Healthcare Providers: Miscommunication or lack of coordination among medical staff during labor and delivery can lead to delayed or inappropriate interventions, contributing to birth injuries.
• Inadequate Training or Experience: Healthcare professionals who lack sufficient training or experience in handling complicated births might make errors that result in birth injuries.
• Hospital Policies and Protocols: In some cases, hospital policies or protocols that are outdated, not followed correctly, or lack sufficient guidelines for handling emergencies during childbirth can contribute to birth injuries.

Addressing these common causes involves improving healthcare provider training, ensuring vigilant monitoring during pregnancy, and employing rigorous standards during the birthing process. Parents should be encouraged to engage actively with their healthcare providers, asking detailed questions about potential risks and the measures in place to mitigate them. Moreover, advocating for transparency and accountability within medical institutions helps create an environment where birth injuries can be effectively minimized.

Local Resources & Support in Baltimore

Families in Baltimore have access to a wide range of resources and support centers designed to assist parents and children affected by birth injuries. These include specialized hospitals like the Johns Hopkins Children's Center, known for its advanced pediatric care and neonatal services. Such institutions offer comprehensive programs for the diagnosis, treatment, and rehabilitation of children with birth injuries, leveraging cutting-edge technology and research-driven practices.

Additionally, Baltimore-based support groups and organizations provide invaluable emotional and informational support to families. Groups such as the Maryland Council for Disabilities advocate for the rights of children with disabilities, offering educational resources and networking opportunities for parents. Engaging with these local entities can significantly aid in navigating the challenges associated with birth injuries while fostering a supportive community environment.

How Can Parents Cope with the Impact of a Birth Injury?

Experiencing a birth injury can be a traumatic event for parents, evoking a multitude of emotions from grief to frustration. Developing coping strategies is crucial to managing these feelings and supporting the recovery process. Parents are encouraged to seek counseling services to address emotional challenges and build resilience. Counseling provides a safe space to explore emotions, gain clarity, and develop coping mechanisms that align with individual and family needs.

Community support is equally important. Joining support groups where experiences and encouragement can be shared with others who understand similar journeys is beneficial. These connections can provide practical advice, emotional support, and create a sense of solidarity. Furthermore, remaining well-informed about the child's condition and anticipated medical interventions helps parents make educated decisions, fostering a sense of empowerment and readiness to advocate effectively for their child.

Who Is Liable for a Birth Injury? 

• Healthcare Providers:
  • Obstetricians and Gynecologists: If they fail to properly monitor the mother and baby during pregnancy or labor, or make mistakes during delivery, they may be held liable.
  • Midwives: If they provide inadequate care or fail to recognize complications, they could be held responsible.
  • Nurses: Errors in monitoring the baby's or mother's condition can lead to liability for the nursing staff.
• Hospitals: The hospital may be liable if the birth injury results from systemic issues, such as insufficient staffing, inadequate equipment, or failure to maintain proper protocols.
• Specialists: If a specialist fails to provide adequate care for a newborn, liability may be attributed to them.
• Manufacturers of Medical Devices or Drugs: If a birth injury is caused by a defective medical device or medication administered during pregnancy or childbirth, the manufacturer of the device or drug might be held liable for the injury.

Proving liability for a birth injury typically involves demonstrating that the responsible party breached their duty of care and that this breach directly caused the injury. Legal actions for birth injuries often require thorough investigation, expert testimony from medical professionals, and review of medical records to establish negligence or malpractice.

Understanding liability is crucial for pursuing a birth injury claim. Each situation may involve multiple responsible parties, and determining liability often necessitates a detailed examination of medical practices, administrative policies, and product safety standards. Comprehensive legal support can help families navigate these complexities effectively, providing clarity on who should be held responsible and ensuring that justice is adequately sought for the injuries sustained.

Do I Have a Valid Claim?

Determining if your child's birth injury was caused by medical malpractice involves several steps:

1. Review Medical Records: Begin by obtaining and thoroughly reviewing all medical records related to the pregnancy, labor, and delivery. This includes records from prenatal visits, labor and delivery notes, and postnatal care.
2. Consult with Medical Experts: Engage medical experts, such as obstetricians or pediatricians, to review the records. These experts can evaluate whether the care provided met the standard practices expected in similar situations and if any deviations occurred.
3. Assess Standard of Care: Determine if the healthcare provider's actions deviated from the accepted standard of care. This involves understanding what a competent medical professional would have done under similar circumstances and comparing it to what was done in your case.
4. Identify Breach of Duty: Establish if there was a breach of duty by the healthcare provider. This means showing that the provider failed to perform their duties in a way that another reasonably skilled provider would have in the same situation.
5. Prove Causation: Demonstrate that the breach of duty directly caused the birth injury. This means proving that the injury would not have occurred if the provider had met the standard of care.
6. Consult with a Legal Professional: Speak with a lawyer specializing in medical malpractice or birth injury cases. They can help you navigate the legal process, gather necessary evidence, and provide guidance on whether you have a viable claim.

The process of establishing a valid claim can be intricate, often requiring extensive documentation and testimonial evidence. Engaging with legal support early in the process helps ensure that all necessary steps are followed accurately and comprehensively. Additionally, understanding the statute of limitations for filing claims in your state is critical, as this can affect your ability to pursue compensation.

Talk to a Baltimore Birth Injury Attorney

At Brown & Barron, LLC, we understand the emotional and financial strain that a birth injury can place on your family. Our experienced team is dedicated to helping you navigate this challenging time by thoroughly investigating the circumstances surrounding your case. We work closely with medical experts to determine if malpractice occurred and to ensure that you receive the compensation and justice your family deserves. Trust us to be your advocates, fighting tirelessly to hold those responsible accountable and to secure the best possible outcome for your child’s future. 

Frequently Asked Questions

What Should I Do If I Suspect My Child Has a Birth Injury?

If you suspect your child has suffered a birth injury, it is important to seek medical attention immediately. A healthcare professional can assess your child's condition and provide a diagnosis if required. Keep detailed records of all medical visits, diagnoses, and any communications with healthcare providers. This information will be invaluable if you decide to investigate legal options. Additionally, consult with a birth injury attorney to understand your rights and potential remedies available under Maryland law.

How Can a Birth Injury Lawyer Help My Family?

A birth injury lawyer provides critical support by guiding your family through the legal process. They assist in gathering evidence, including medical records and expert testimonies, which are essential for building a strong claim. Lawyers can also help negotiate with insurance companies and represent your interests in court if a trial becomes necessary. Their goal is to secure a fair settlement or judgment that covers current and future medical expenses, rehabilitation costs, and any non-economic damages such as pain and suffering.

What Types of Compensation Are Available for Birth Injuries?

Compensation for birth injuries can cover a wide range of damages. Economic damages include medical expenses, both past and future, rehabilitation services, and adaptive equipment for your child's needs. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. In some instances, punitive damages may be awarded if the conduct of the responsible parties was found to be particularly egregious. A birth injury lawyer will evaluate the specifics of your situation to pursue appropriate compensation avenues.

How Long Do I Have to File a Birth Injury Claim in Maryland?

In Maryland, the statute of limitations for filing a birth injury claim generally requires that the claim be made within five years from the date of the injury, or within three years from the date the injury was discovered, whichever is sooner. However, these time limits can vary based on the specifics of each situation. Consulting with a knowledgeable birth injury attorney is crucial to ensuring you meet all legal deadlines and preserve your right to seek compensation.

What Are Some Signs That Could Indicate a Birth Injury?

Signs of a birth injury can vary depending on the type and severity. Common indicators include excessive crying, difficulty feeding, seizures, or abnormal movements. Delayed development milestones, such as sitting or crawling, may also suggest underlying issues. If you notice any unusual symptoms or behaviors in your child, it is essential to seek medical advice promptly. Early diagnosis and intervention can improve outcomes and help manage any conditions resulting from the injury.