Birth injuries, in the context of personal injury lawsuits, are injuries which occur during labor, delivery, or shortly after childbirth. Birth defects, however, are congenital, meaning they are present at birth.
If a mother or baby suffers injuries, their right to pursue legal action will depend on proving the injuries could and should have been prevented had medical professionals upheld their duty to meet the accepted standard of care.
A failure to meet this “duty of care” is negligence, and it can be grounds for legal action. By contrast, birth defects are typically caused by genetic mutations and unknown factors, rather than medical negligence. In some cases, families of children with birth defects may have grounds for claims against other liable parties, such as landowners or product manufactures responsible for toxic exposure, defective products, or unsafe medications.