Birth injury is a broad term encompassing injuries to a baby while in utero, during labor, or during delivery that may be caused by inadequate or inappropriate medical care. A birth defect is a congenital abnormality often inherited or caused by environmental exposure during the development of the baby. While the circumstances of a birth injury should be investigated by an attorney, the failure to diagnose a birth defect, either prior to birth or after birth, may also present issues warranting an investigation by an attorney.