FAQ: What’s the difference between a birth defect and a birth injury?
Sadly, new parents are sometimes confronted with news that their baby has a birth defect or has suffered a birth injury. While most are aware that compensation can be gained in the case of a birth injury, many are unaware that a medical malpractice lawsuit can often be pursued in birth defect cases as well.
“I would caution the client that sometimes the difference between a birth defect and a birth injury isn’t important,” said medical malpractice attorney Bradley J. Prochaska of PHP Law Firm in Wichita, Kansas. “Because we can have a successful [legal] outcome regardless.”
As defined by the Centers for Disease Control and Prevention, birth defects are “structural changes present at birth that can affect almost any part or parts of the body.” Often, “congenital” is also used to describe such a condition, meaning a disease or physical abnormality that’s present from birth. While the health care provider may not have had anything to do with the occurrence of the birth defect, the provider may still be found negligent in the treatment of the birth defect.
According to Prochaska, “There is a frequent congenital or birth defect for newborns in the heart, but if you give a medication within the first few days, no brain injury will result.” In such a case, if the health care provider failed to administer the proper medication and a brain injury resulted, they may have committed medical malpractice.
What You Should Do
Whether you’ve been told your baby has a birth defect or you think they’ve suffered a birth injury, it’s important for you to do all you can to secure their future. A child who has a birth defect or suffered a birth injury may need years or even a lifetime of specialized care, which can be very costly. Pursuing the legal action needed to provide for your child may be the best course of action, and that starts with finding a medical malpractice attorney who specializes in birth injuries.
How PHP Law Firm Can Help
Based in Wichita, Kansas, the PHP Law Firm team of medical malpractice attorneys specializes in birth injury. We offer free consultations and will talk through your situation with you before making a recommendation. Our main goal is securing the future of your child, so we do not charge a cent unless we win compensation for you.
If you’ve been told your baby has a birth defect or you think they may have suffered a birth injury, please contact us directly at (316) 683-9080.