Parents often ask where things began when a newborn faces unexpected medical issues. Did the condition develop during pregnancy, or did something go wrong during labor or delivery?
The answer starts with identifying the issue as a birth defect or a birth injury. Birth defects involve how the baby formed before birth, while birth injuries occur during the birth itself.
For families considering a birth injury lawsuit or reviewing delivery care, understanding that distinction helps clarify what took place and if medical decisions played a role.
What Are Birth Defects?
Birth defects begin during pregnancy and affect how a baby’s body forms or how certain organs function after birth. Causes can include genetic factors, medications taken during pregnancy, exposure to harmful substances, or factors that remain unknown.
Examples include:
- Heart abnormalities,
- Spina bifida,
- Down syndrome,
- Cleft lip or palate, or
- Limb deformities.
While many birth defects are unrelated to medical care, prenatal providers still carry specific responsibilities. They must monitor the pregnancy appropriately, avoid high-risk medications, and share information that helps parents make informed decisions. Missed responsibilities often lead families to ask whether something during care contributed to the condition, and if the facts support a birth defect lawsuit.
What Are Birth Injuries?
Many types of birth injuries occur during labor or delivery and involve physical trauma, oxygen loss, or complications with delivery tools. Birth injuries occur during delivery and stem from how the medical team handled the birth.
Signs such as changes in heart rate, stalled labor, or positioning concerns call for immediate and appropriate care. Delays or missed responses to those cues may lead to long-term medical needs for the baby.
Examples of birth injuries include:
- Cerebral palsy related to oxygen deprivation,
- Other brain damage related to oxygen deprivation,
- Brachial plexus injuries (Erb’s palsy) from shoulder trauma,
- Skull fractures or brain bleeds caused by extraction tools,
- Facial nerve damage due to forceps use, and
- Spinal cord injuries linked to positioning during delivery.
Delivery records that reveal gaps in how care was provided can raise serious questions. Parents may ask whether proper medical attention could have prevented the injury.
Can You Sue a Doctor for a Birth Defect or Injury?
Maryland law allows families to sue a doctor for a birth defect or injury when medical decisions fall short and cause lasting complications for the child.
A birth defect lawsuit may apply when:
- A provider prescribed or failed to warn about medications known to pose pregnancy-related risks,
- Prenatal imaging or testing missed a detectable condition that could have changed the course of care, or
- The patient experienced chemical exposure during treatment without appropriate monitoring.
Conversely, a birth injury claim may arise when the medical team failed to manage the pregnancy or labor properly, missed or dismissed warning signs during delivery, or used improper delivery methods and caused physical trauma.
To bring a case, families must show that the provider’s actions did not meet the accepted medical standard, which directly contributed to the child’s condition.
Birth Defect vs. Birth Injury—Why the Distinction Matters
When parents begin asking questions, the distinction between a birth defect and a birth injury can lead to very different legal courses of action. Both involve serious medical issues, but providers face different standards, and reviewers examine the records differently.
A birth injury case focuses on what took place during the pregnancy or delivery. Did the team respond to warning signs? Were delivery tools used safely? Did the staff follow accepted procedures during labor? Medical records such as fetal monitoring strips, operative notes, and delivery summaries play a central role in these cases.
A birth defect lawsuit requires an earlier look at the pregnancy. The focus turns to prescribed medications, prenatal imaging, and whether the provider communicated findings that should have shaped medical decisions. OB visit notes and diagnostic results help determine if critical information went unaddressed.
Comparing a birth defect vs. birth injury claim helps families understand where to look in the records and what types of evidence may apply under Maryland law.
Speak with a Maryland Birth Injury Attorney
Understanding the differences between birth defects and birth injuries gives families a starting point. Acting on that knowledge requires lawyers with the skill and experience to handle complex medical negligence cases.
Brockstedt Mandalas Federico is based in Maryland and recognized across the region for our work in medical malpractice. For decades, we’ve represented families in some of the state’s most complex birth-related claims, including those involving birth defects and types of birth injuries with long-term medical needs.
We bring together a strong legal team, trusted relationships in the medical community, and the resources to stand up to major healthcare systems. When a case requires trial, we don’t hesitate.
If you’re considering a birth defect lawsuit or questioning if provider decisions contributed to your child’s condition, we’re ready to help. Contact us to speak with a Maryland birth injury attorney.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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