What is the Difference Between Birth Injury and Birth Defect?

Denver Attorneys Serving Cherry Creek, Aurora and Communities Throughout Colorado

According to the CDC, 1 in every 33 babies is born with a birth defect. Many of these are genetic. Others are caused by maternal behaviors such as drug, tobacco, and alcohol use. Others still may be related to environmental factors. Nearly all occur within a baby’s first three months in the womb.

Birth injury occurs during labor or delivery. There may be some indications of potential delivery complications during pregnancy, but the injuries themselves occur during the process of birth. Unlike birth defects, birth injuries are not the result of maternal behaviors, environmental factors, or genetics. They are, often, the result of negligence or inappropriate actions taken by medical professionals.

In short: birth defects occur while the baby is in utero. Birth injuries occur as the baby is being delivered. Birth defects are a result of genetics, environment, or maternal factors such as preexisting medical conditions. Birth injuries are often a result of medical malpractice.

Understanding Your Rights Following Birth Injury

Medical Malpractice Attorney | Denver Birth Injury LawyerIf your child has sustained a birth injury in Denver or surrounding areas of Colorado, the medical malpractice lawyers at Leventhal Sar LLC can help. We understand how frightening and heartbreaking it can be to deal with a birth injury. We also understand that these injuries often come with a lifetime of expenses, physical limitations for the child, and struggle for parents. We can help you hold those responsible for your baby’s injury accountable for their negligence, and we are prepared to do everything possible to help you secure the compensation you will need to cover both the economic and noneconomic damages your family is now forced to deal with.

There can be several parties who play a role in the injury of a baby during birth. Doctors and nurses are often at the top of the list, but attending staff, anesthesiologists, even hospital administrators may be partially responsible for your baby’s injury as well. Each of these parties will be represented by attorneys and insurance companies who may offer you fast compensation. They know that getting you to settle before you file a lawsuit will render you incapable of taking legal action in the future.

You need an experienced birth injury attorney on your side as soon as you begin to suspect that your baby’s injury was a result of negligence. Facing the medical industry on your own will likely result in your being silenced.

It is important to remember that, with issues like cerebral palsy, damage may not be immediately known. In Colorado, you have two years from the date an injury is discovered to file a lawsuit. With a birth injury, you have until your child’s eighth birthday, by which time any injuries sustained during labor or delivery should be known. If you so much as suspect medical or developmental issues your child is facing are the result of an injury sustained during birth, our birth injury attorneys can begin an immediate investigation to uncover the truth and help your family find the justice you deserve.

Birth injury cases are complex and incredibly difficult to win. The medical malpractice lawyers at Leventhal Sar LLC are here to stand by your family’s side and fight tooth and nail for every penny you are due.

To schedule a free consultation at our Denver office, please call 720.667.3030 today. We serve Metro Denver and all surrounding Front Range and Eastern Plains communities. 

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