Medical malpractice: Birth injuries and birth defects

When expecting parents are asked about their preference for a boy or a girl, many say it makes no difference as long as the child is healthy and normal. Sadly, medical negligence during birthing procedures has left many Arizona families with babies that will need life-long care. Questions are often asked about the differences between birth injuries and birth defects, and which of those could form grounds for a medical malpractice lawsuit.

Birth injuries are those that are caused before the birth, during childbirth or after the process. They could involve pain, disfigurement or any impairment or other damage caused by medical staff who failed to use proper and accepted medical techniques. These injuries typically follow a traumatic birth, misdiagnosis, mishandling, negligence or other errors.

Birth defects can be congenital and therefore unavoidable. However, a child can be born with a defect that was caused by inappropriate medication prescribed to the mother during her pregnancy or while breastfeeding. The defect typically occurs before the baby leaves the mother's womb, and improper treatment might cause chemical exposure. In such cases, birth defects can be the fault of the physician who treated the mother.

Both birth injuries and birth defects typically have significant financial consequences, both immediately after the birth and often for the long-term. For many parents in Arizona, filing medical malpractice lawsuits are the only options they have to pursue financial relief. However, these are complicated and challenging legal proceedings that will need the support and guidance of an experienced medical malpractice attorney to help the parents pursue recovery of maximum compensation.

Source:, "Birth Injury Lawsuit", Curtis Weyant, Accessed on March 30, 2018

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