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GET THE JUSTICE YOU DESERVE:
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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LAW BLOG

Birth Defects and Birth Injuries: What is the Difference Between Both?

  • By Mike Bannan
  • 20 Sep, 2017

Birth Defects and Birth Injuries: What's the Difference?

One of the most important and cherished times in a person's life is the birth of his or her child. When your child suffers from a birth defect or birth injury, parents are understandably much more concerned about the welfare of their new baby than haggling over the classification of their child's suffering.

 

However, the differences have important legal consequences that parents should understand. While the child may have similar or even identical injuries and symptoms in either case, the origin of the baby's injury determines who can be held liable and greatly affects whether or not you can obtain compensation and treatment for your baby.

 

What is a Birth Defect?

A birth defect occurs when is a disease or other medical condition that your child develops while still being formed in the womb. These defects can be the result of a wide variety of causes, such as genetic predispositions and abnormalities, infections, environmental conditions or, more commonly, exposure to chemicals or drugs. Common birth defects include:

 

  • Cleft palates
  • Congenital heart disease and other heart defects
  • Spina bifada
  • Neural tube defects
  • Limb abnormalities
  • Cranial abnormalities
  • Brain damage
  • Still birth

 

Determining who is responsible for a birth defect is a complex task. In many cases, these defects are completely outside of your doctor's control. However, there are many situations where proper monitoring, testing, advice or other care could have prevented the defect. The doctor may be liable in these situations.

 

Where exposure to chemicals or drugs is involved, the manufacturer and the persons or entities responsible for that exposure may be found liable, especially if proper warnings were not provided or proper precautions were not taken to limit exposure. The situation gets even more complicated when both the doctor and a third party may be liable for the defect.

 

What is a Birth Injury?

A birth injury occur primarily during labor and delivery as a result of substandard medical care. Often, a child is injured when medical personnel either fail to properly monitor the course of a woman's labor and delivery or the use of excessive amounts of force when delivering the child. Common birth injuries include:

 

  • Brachial Plexus injuries
  • Erb's Palsy
  • Shoulder Dystocia
  • Klumpke's Palsy
  • Subconjunctival hemorrhage (bleeding in the eyes)
  • Fracture
  • Paralysis
  • Death

 

Unlike birth defects, birth injuries are much more likely to be caused by your doctor and other medical personnel involved in the birthing process. Delayed C-Sections, improper movement of the child during delivery, failing to notice complications - such as an umbilical cord being wrapped around the baby's neck, and delivery with forceps and other dangerous tools can all lead to serious trauma.

 

In these situations, it is important to make sure the doctor, the medical personnel and the hospital where the birth takes place are held accountable for failures in treatment and training.

 

If your child has suffered from a birth defect or a birth injury, the Law Offices of Alvin F. de Levie & Associates can help. Please contact our firm at (844) 777-2529 for a consultation. One of our team members will be in immediate contact with you.

 

We maintain offices throughout Pennsylvania in Philadelphia, State College, Bellefonte and Lock Haven, and we are willing to meet any clients throughout the Commonwealth.


Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


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