A birth injury is harm that occurs during the medical process of pregnancy and delivery. Meanwhile, a birth defect is a condition that develops on its own, typically driven by genetic factors that are beyond anyone’s control. The distinction matters because birth injuries caused by medical negligence can give rise to a malpractice claim under California law, while birth defects generally cannot. That said, there are exceptions, such as if a healthcare provider’s actions contributed to the defect in some way.

Read on to learn more about how these two categories differ and what legal options may be available to your family.

What Is a Birth Injury?

A birth injury refers to physical harm sustained by the baby during the course of delivery or as a result of negligent prenatal care. These injuries are often preventable and may result from things like a provider’s failure to monitor the baby’s condition.

Common birth injuries include:

Many of these injuries have lifelong consequences that the victim may never fully recover from despite ongoing medical care.

What Is a Birth Defect?

A birth defect is a structural or functional abnormality that is present at birth. These conditions develop during pregnancy and are typically caused by genetic abnormalities that sometimes (but not always) fall outside the scope of medical negligence.

Examples of common birth defects include:

  • Down syndrome
  • Congenital heart defects
  • Cleft lip
  • Spina bifida
  • Clubfoot

Birth defects don’t always support a malpractice claim. However, there are exceptions, such as if a provider prescribed medication known to cause fetal harm. That type of failure could form the basis of a claim even though the underlying condition is classified as a defect.

When Does a Birth Injury Lead to a Malpractice Claim in California?

Medical malpractice claims require evidence that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused the injury in question. These cases almost always require extensive medical evidence, including expert testimony and analysis.

A successful case can result in both economic damages, like medical bills and out-of-pocket expenses, as well as non-economic damages, like pain and suffering. Non-economic damages are capped in California medical malpractice cases, but economic damages are not. Punitive damages may also be available in rare cases that make it to trial.

Schedule a Free Consultation With an Experienced California Birth Injury Lawyer

If your child suffered harm during birth and you believe medical negligence played a role, reviewing your situation with a birth injury lawyer in California can help you understand whether you have a viable claim.

Call The Law Office of Dr. Bruce G. Fagel and Associates today for a free consultation at (800) 541-9376 or by reaching out to us online. We’ve recovered billions of dollars for our clients and are led by a doctor who’s also an attorney, giving us a distinct advantage when it comes to medical malpractice cases.