Birth Defects vs. Birth Injuries

• Thousands of babies and their mothers every year suffer serious birth injuries and birth defects both in Indiana and throughout the United States, and the physical, emotional, and economic toll they take can be enormous.
• While birth injuries are inflicted during or shortly after labor, birth defects develop prior to childbirth, a key difference that can pose distinct legal challenges, though obtaining fair compensation for either is never easy.
• To help get justice for your child’s birth defect or injury, reach out to Hensley Legal Group, PC, which has had proven success with major injury cases, including a $25 million verdict* for a collision with an ambulance.

*SPECIFIC CASE RESULTS. NO TWO CASES ARE EXACTLY ALIKE.

Standing by helplessly while your newborn baby is suffering is every parent’s worst nightmare, but it’s a painful reality for the parents of the approximately 30,000 babies nationwide who are injured during or shortly after childbirth every year. And birth injuries aren’t the only serious health problems that infants may have to endure, since around 120,000 American newborns annually are diagnosed with birth defects.

Though a birth defect can be as physically, emotionally, and economically devastating as a birth injury, a family could have a much tougher time being fairly compensated for one in Indiana. Trying to get reimbursed for a birth injury could pose major challenges too, but you may be able to overcome these challenges by partnering with the skilled birth injury lawyers at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998 and securing such noteworthy results in catastrophic injury cases as:

• A $25 million verdict* for a collision with an ambulance.
• An $8 million claim resolution for a delivery truck crash.
• A $4.25 million settlement for a pedestrian accident.

In recognition of these and other achievements, Hensley has been named one of the Best Law Firms in the United States by Best Lawyers®, while attorneys at the firm have been honored with inclusion in the Million Dollar Advocates Forum, Super Lawyers, America’s Top 100 Attorneys, and the National Trial Lawyers’ lists of the Top 100 Trial Lawyers and the Top 40 Under 40.

You can schedule a free case review with a knowledgeable Indiana birth injury attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.

*SPECIFIC CASE RESULTS. NO TWO CASES ARE EXACTLY ALIKE.

The Key Difference Between Birth Defects and Birth Injuries

Although the terms “birth injury” and “birth defect” are often used interchangeably, there is actually a key difference between them. A birth injury takes place during or sometimes immediately following labor and alters the “body function or structure” of an otherwise healthy newborn.

In contrast, a birth defect is formed before the baby is born. Thus, even though it can “affect almost any part of the body, such as the heart, brain, or foot” as well as “how the body looks, works, or both,” just like a birth injury, a birth defect is less likely to be caused by actionable misconduct. This difference can bar parents from taking legal action over birth defects the way they might for similarly grievous birth injuries most of the time.

Common Birth Defects

Defined by the Centers for Disease Control and Prevention as “structural changes in one or more parts of the body” that “are present at birth,” birth defects can take any number of forms, though the most common birth defects include:

• Congenital Heart Defect – Issue that impacts the functionality of the heart, such as ventricular and aventricular septal defect (VSD and ASVD), valve atresia and stenosis, coarctation of the aorta, tetralogy of Fallot, sypoplastic left heart syndrome (HLHS), Edwards syndrome, double outlet right ventricle (DORV), dextro-transposition of the great arteries (d-TGA), and total anomalous pulmonary venous connection (TAPVC).
• Clubfoot – Foot turned inward so that the sole is oriented sideways or upward.
• Down Syndrome – Developmental disability caused by an extra chromosome 21.
• Cleft Palate/Lip – A split or opening in the roof of the mouth and/or the upper lip.
• Limb Deficiency – Incomplete formation of the arm or leg.
• Rectal/Large Intestinal Stenosis or Atresia – Narrowing or closure of the rectum or large intestine.
• Craniosynostosis – Premature fusion of the bones in the skull.
• Gastroschisis – Hole in the abdominal wall next to the belly button.
• Spina Bifida – Damage to the spinal cord and nerves from a neural tube that doesn’t form properly or close.
• Diaphragmatic Hernia – Hole in the diaphragm.
• Omphalocele – Defect of the abdominal wall.
• Anophthalmia – Missing eye(s).
• Microphthalmia – Insufficiently developed/small eye(s).
• Anencephaly – Missing parts of the brain and skull.
• Encephalocele – Sac-like protrusion of the brain through the skull.

Depending upon their severity, birth defects can have an “adverse event on the health, development, or functional ability of the baby,” and some of them can be deadly.

While we don’t entirely comprehend what causes most birth defects, various factors seem to play a role, such as genetics or teratogens, agents that disturb the development of an embryo or fetus. Many teratogens appear to stem from our surroundings, like exposure to radiation or dangerous chemicals (e.g. industrial solvents and heavy metals), or our behaviors, such as when mothers:

• Smoke, drink, or use drugs during pregnancy.
• Take medications that are hazardous to women carrying children, such as isotretinoin.
• Contract high fevers or viral infections.
• Have unmanaged medical disorders, like phenylketonuria (PKU) or high blood sugar from uncontrolled diabetes.

Given how detrimental birth defects can be, parents and their physicians need to start looking out for them early – very early.

Indeed, most birth defects develop within the first three months or trimester of a pregnancy, when the baby’s organs are only beginning to form. Other birth defects may not emerge until the second or third trimester, though, so it’s critical to remain vigilant about your baby’s health throughout.

Common Birth Injuries

Whereas the origins of birth defects are mostly mysterious, the origins of birth injuries are generally easier to identify, not that it makes coping with the birth injuries themselves much easier.

Among the most common birth injuries are:

• Caput Succadaneum – Swelling of the scalp caused by pressures on the baby’s head, including pressure from a vacuum extraction procedure.
• Brain Damage – Destruction of brain cells from medical emergencies like blood clots, oxygen deprivation, or bleeding in or around the brain (intracranial hemorrhaging).
• Cerebral Palsy – Group of conditions of the brain and nervous system that can impair movement, cognition, sight, and hearing.
• Spinal Cord Damage – Hindered functionality of a spinal cord that has been twisted or pulled during delivery.
• Shoulder Dystocia – Damage incurred when the baby’s head has been delivered but the shoulders or arms are struck.
• Erb’s Palsy – Condition characterized by loss of sensation, weakness, diminished hand, wrist, or elbow control, or paralysis that is caused by stretching the neck or shoulder too far.
• Hypoxic-Ischemic Encephalopathy (HIE) – Death of brain cells from a lack of oxygen or blood to the brain that can cause developmental delays, epilepsy, cerebral palsy, and loss of life.
• Birth Fractures – Bones broken during strenuous childbirth.
• Facial Nerve Injury – Damage to the facial nerve that could paralyze the side of the face where the nerve is located.
• Stillbirth – Tragic death of the child in the womb.

Moreover, there are a host of injuries that mothers can sustain while giving birth, like perineal tearing, postpartum hemorrhaging, uterine ruptures, pelvic floor injuries, unplanned hysterectomies, infections, and urinary or fecal incontinence. Yet no matter who is afflicted with a birth injury, it is usually possible to determine the underlying cause.

Some birth injuries arise from complications that could naturally accompany a delivery, like:

• Overly large babies
• Excessive maternal weight
• Inadequate pelvic size and/or shape for vaginal birth
• Abnormal positioning of the fetus (breech births)
• Premature deliveries
• Weak contractions
• Prolonged labor

Other childbirth injuries may be caused by the method of delivery and could be especially prevalent when the births involve:

• Cesarean delivery
• Use of delivery devices like forceps and vacuums

Regardless of the particular cause of a birth injury, its effects could endure long after the birth itself, but you may be eligible to seek financial assistance in some circumstances.

Do You Have Grounds for a Birth Defect or Birth Injury Case in Indiana?

It’s important to point out that birth defect cases are much rarer in Indiana than birth injury cases, and a birth injury in and of itself might not give you grounds for a case.

This is because Indiana birth injury lawsuits are essentially medical malpractice lawsuits against negligent providers (or wrongful death lawsuits when the birth injuries are fatal), and negative health outcomes don’t automatically constitute medical malpractice.

Instead, malpractice is only said to occur when a medical practitioner deviates substantially from the “standard of care” by not providing the same treatment that other competent providers would have in the same context. If this deviation harms the patient, a medical malpractice lawsuit may be filed, or a birth injury lawsuit when the harm is inflicted on a baby or mother during childbirth.

Examples of medical malpractice that could lead to a birth injury might include:

• Prescribing overdoses of medicine
• Failing to diagnose:
  • High-risk maternal conditions like hypoglycemia and Rh incompatibility
  • Contagious diseases, such as genital herpes
  • Ectopic pregnancies (when the fetus develops in the fallopian tubes instead of the uterus)
• Ignoring signs of fetal distress
• Neglecting to anticipate complications caused by a tangled umbilical cord
• Not monitoring the heart rate before or during delivery or oxygen levels after delivery
• Waiting too long to perform a C-section
• Applying too much traction when the child is stuck in the birth canal
• Administrating a transfusion without verifying blood type compatibility

Mistakes like these could be considered breaches of duty for which the practitioners who committed them might be held liable, and the list of defendants could be more extensive than you might think, potentially including:

• Obstetricians and other doctors
• Nurses
• Midwives
• Paramedics
• Technicians
• Anesthesiologists
• Pharmacists
• Hospitals
• Medical facilities
• Ambulance services
• Pharmaceutical companies
• Medical device manufacturers

Of course, no birth injury lawsuit or claim may be viable unless you can demonstrate that the defendant or defendants committed malpractice and that the malpractice directly caused the birth injury. However, the chances of fiscal recovery tend to be greater for birth injuries than they are for birth defects, which typically aren’t caused by medical professionals and therefore don’t justify medical malpractice cases, although some avenues of recovery might still exist.

For instance, parents might be able to initiate a claim if they were unable to make informed decisions about a pregnancy because a doctor or other caregiver either didn’t diagnose a birth defect that would have been detectable in the womb or didn’t tell them about it.

Alternatively, a case might be pursued against a defendant who contributed to the development of a birth defect, like the maker of a drug with unreported side effects for pregnant women or a business that poisoned the environment with pollutants associated with birth defects.

Nonetheless, success is never guaranteed for any birth defect or birth injury case in Indiana, but you can tip the odds in your favor when you team up with the seasoned Indiana birth injury lawyers at Hensley Legal Group, PC.

When to Expect If You Choose to Hire Hensley

If you become one of the many Hoosiers every day who choose to hire Hensley, our Indiana birth injury attorneys will launch a comprehensive investigation to unearth the root causes of your child’s birth defect or birth injury. If other parties bear responsibility for it, our firm will establish valid claims and/or file suit against each of them within the time allotted by law.

After amassing the evidence necessary to build a rock-solid case, subpoenaing records and coordinating with experts when warranted, Hensley’s Indiana birth injury lawyers will negotiate fiercely with the defendants’ insurers for a settlement that takes ALL of your losses into account.

If we don’t receive an offer that reflects the true value of your case, we’re more than willing to go to trial for a verdict that does, unlike many of our competitors, who seldom see the inside of a courtroom.

Compensation may not be available for every birth defect or birth injury in Indiana, but our tenacious Indiana birth injury attorneys will always strive to obtain the maximum amount of compensation available for yours.

Reach Out to Our Indiana Birth Defect and Injury Lawyers

Hensley Legal Group has been advocating for the innocent victims of negligence for over a quarter century. If you believe that somebody else is at fault for your child’s birth defect or birth injury, reach out to our Indiana birth defect and injury lawyers to explore your legal options.

You can call us at (317) 472-3333, chat with us online, or fill out our contact form for a complimentary consultation with an accomplished Indiana birth injury attorney at our firm.

Frequently Asked Questions

What is a birth injury?

A birth injury is an injury that a baby or mother suffers because of an unfavorable event during or shortly after childbirth.

Every birth injury is unique, though they may be likelier to take place with certain complications that could naturally accompany a delivery or with certain delivery methods, such as C-sections or the use of forceps, vacuums, or other devices.

What are the most common birth injuries?

Some of the most common birth injuries affecting children are Capet Succedaneum, brain, spinal, and facial nerve damage, cerebral palsy, shoulder dystocia, Erb’s palsy, Hypoxic-Ischemic Encephalopathy (HIE), fractures, and stillbirth.

The injuries that are most often sustained by mothers during childbirth are perineal tearing, postpartum hemorrhaging, uterine ruptures, pelvic floor injuries, unplanned hysterectomies, infections, and urinary/fecal incontinence.

How are birth defects different from birth injuries?

The key difference between birth defects and birth injuries is that birth defects develop in the womb before childbirth, whereas birth injuries are inflicted during or just after childbirth.

As such, even though birth defects can be as detrimental as birth injuries, they usually aren’t caused by someone else’s misconduct, which may bar plaintiffs from taking legal action over them most of the time.

Do I have grounds for an Indiana birth injury case?

An Indiana birth injury case is typically only viable when a birth injury is the result of medical malpractice.

Malpractice is said to occur when a provider deviates from the standard of care by not treating a patient the way that other competent providers would, so you may have grounds for a case if your baby (or the baby’s mother) was harmed by a provider’s malpractice during the childbirth process.

When can a birth defect case be pursued in Indiana?

While Indiana birth defect cases are relatively rare, a case might be pursued if an outside party contributed to the development of a defect, such as a drug manufacturer or a polluter.

You might also be able to initiate a case if you were prevented from making a decision about a pregnancy because a provider failed to detect or inform you about a birth defect, but it’s generally wise to discuss your options with a knowledgeable Indiana birth defect and injury lawyer first.