National Birth Defects Awareness Month provides an opportunity to shed light on what happens, why it occurs, and what it means for those families facing these challenges. Every month should be an opportunity to discuss these matters.
That is especially true when birth defects and medical malpractice mix. At the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates, you gain one-on-one support from an attorney who is also an experienced physician.
What Is National Birth Defects Awareness Month?
January is dedicated to raising awareness about birth defects. National Birth Defects Awareness Month is an opportunity for you to learn more about birth defects and gain access to critical resources for your family.
The focus is on education, not blame. That is so important. Many parents have unanswered questions during this time. They need information and resources to explore what happened to their child.
Birth Defects vs. Birth Injuries: A Critical Distinction
A birth injury vs a birth defect is a very significant difference. A birth defect refers to a structural or functional abnormality that develops during pregnancy.
In contrast, a birth injury occurs as a result of harm caused during the pregnancy, labor, delivery, or immediately after the child’s birth.
It is often the case that some conditions have a “birth defect” label but are actually due to a medically negligent act. In other words, there are some situations where what you believe is a birth defect is really a birth injury.
Common Birth Defects Seen in Medical Malpractice Cases
The following are examples of preventable birth defects, often linked to medical malpractice matters:
- Brain damage suffered due to a lack of oxygen during birth, a condition called hypoxia.
- Neural tube defects linked to missed prenatal screening.
- Heart defects not identified during pregnancy.
- Cerebral palsy caused by a delayed C-section or mismanaged labor.
- Infections are passed from the mother to the child due to untreated maternal illness.
These examples of preventable birth defects do not always seem as if someone else caused them. Yet, you cannot assume a doctor will be honest and open with you about the cause.
When a Birth Defect May Have Been Preventable
Not all birth defects are preventable. Some of the things that are preventable include the following:
- Failure to monitor fetal distress.
- Missed ultrasound abnormalities.
- Improper medication prescription during pregnancy.
- Delayed diagnosis of maternal conditions, including diabetes, preeclampsia, or infections.
- Failure to act on abnormal test results.
In these situations, where birth defects and medical malpractice go hand-in-hand, arm yourself with the guidance of a local attorney.
Emotional and Financial Impact on Families
Do not overlook the sheer intensity of birth defects and how they change the dynamic in your family forever. They can lead to various differences from what you expected to occur:
- There is a long-term need for medical care, sometimes advanced support.
- The need for therapy and special education increases.
- The emotional toll on parents and siblings in itself can be challenging and lasts for a lifetime.
In these situations, parents have the right to worry. However, by securing resources that meet your child’s needs for their lifetime, you can breathe a bit easier.
Why Medical Insight Matters in Birth Injury Cases
Not all birth defects are birth injuries. These cases are complex. A physician-attorney analyzes medical records to find errors and oversights. Your attorney will create a timeline to determine fault and the development of complications. Your lawyer also understands the standards of care in these cases.
Medical insight like this helps to avoid miscommunications between legal teams and medical experts. The clarity in who is at fault, why, and what that means for the future can change the outcome of your case.
What Parents Can Do If They Have Questions
You are simply unsure. What do you do?
- Trust your instincts. Unanswered questions deserve answers, even when the doctor will not provide them.
- Gather prenatal, labor, and delivery records to review for any mistakes or miscommunications that could be putting your child or your health at risk.
- Speak to an attorney with an exclusive focus on birth injuries and medical malpractice. This gives you the support you need in navigating your rights.
- By turning to an attorney early, you can be sure that the critical evidence you need remains protected. This protects your legal rights.
FAQs About Preventable Birth Injuries
How do I know that my child has a birth injury that was preventable?
It can be hard to get an honest opinion from a medical provider, especially if they could be held accountable for your losses. Some of the most common signs of a birth injury include feeding difficulties, unusual muscle tone, weak reflexes, and developmental delays. You may also see weak grip, facial drooping, or excessive fussiness.
Is a doctor always responsible for birth injuries and defects?
No, a doctor is not always at fault in these cases. There are many times when the incident was not preventable. Your goal is to find out if that is the case or if someone let this happen to your child.
What are the most common types of birth injuries?
Some of the most common types of birth injuries include scalp bruising or swelling, fracture of the clavicle, and nerve damage leading to Erb’s Palsy or other types of limitations on health and well-being.
Hire a Compassionate Birth Injury Lawyer in Washington, D.C.: The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates
National Birth Defects Awareness Month is the ideal time to have a critical conversation and get answers to your questions. January is about awareness, support, and empowerment, and our legal team at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates can help you with that. A free consultation with a Washington, D.C. birth injury lawyer can help you determine if your child’s suffering was preventable or unavoidable. Call 202-223-4488 or fill out our online form. We have an office in Washington, D.C., and serve clients in the surrounding areas, including northern Virginia and Maryland.
