Birth Injuries vs Birth Defects – Can You Sue?

Birth injuries and birth defects are very different medically and legally. Understanding the distinction is important if you're considering a lawsuit.

• Birth injuries typically occur during labor or delivery, often due to preventable trauma, such as misuse of forceps or failure to perform a timely C-section. These may be grounds for a medical malpractice suit.

• Birth defects are usually caused by genetic factors or exposure to harmful substances during pregnancy and may not involve negligence.

To sue for a birth injury, you must prove that the healthcare provider failed to meet the standard of care and that this failure caused the injury. Examples include:

• Lack of fetal monitoring

• Delayed response to distress

• Improper use of delivery tools

These lawsuits are complex and emotionally charged. If you suspect your child’s condition was caused by a medical provider’s negligence, speak with a lawyer experienced in birth injury litigation.

Call us at Silverback Legal LLP for your free consultation: 866.733.6225.