Understanding the Difference Between Birth Injuries and Birth Defects

When your child is born with health complications, it’s natural for you to wonder whether your child’s issues could have been prevented. There are key distinctions between birth defects and birth injuries, and understanding that difference can determine whether you have a lawsuit. Birth defects usually result from genetics or factors during pregnancy, while birth injuries stem from mistakes made during labor or delivery.

You may have the right to pursue a claim if your child’s condition was caused by medical negligence. At Wilt Injury Lawyers, our birth injury attorneys in Louisville, KY, can help uncover what exactly occurred and hold the responsible party liable for your child’s damages.

What Exactly Are Birth Defects?

Birth defects are conditions that develop while the baby is still in the womb. Genetic factors, environmental exposures, or unknown reasons can cause various defects. Common examples include heart defects, spina bifida, or cleft palate. Most birth defects are not caused by medical negligence.

What Exactly Are Birth Injuries?

Birth injuries occur during labor or delivery, and many are preventable with proper care. Your baby may suffer harm if medical staff misuse delivery tools, fail to monitor oxygen levels, or wait too long before performing a C-section. Common examples of birth injuries include:

• Brachial plexus injuries from shoulder dystocia
• Brain damage from a lack of oxygen (hypoxia)
• Skull fractures or bleeding from improper use of forceps or vacuum extractors

Unlike many birth defects, birth injuries can usually be traced directly to specific medical decisions or failures made during delivery. That’s what gives families the ability to pursue malpractice claims.

The Impact of Birth Injuries and Defects, and Why the Difference Matters

While some injuries heal, others last a lifetime. A child with Hypoxic-Ischemic Encephalopathy (HIE) from oxygen deprivation may require ongoing therapy, assistive devices, and specialized care. Families can face hundreds of thousands of dollars in medical costs, not to mention the emotional weight of raising a child with additional needs.

Damages in a lawsuit may include medical expenses, future care costs, pain and suffering, and in some cases, loss of earning capacity. The stakes are high, which makes building a strong, evidence-backed case essential. Likewise, the distinction between birth defects and birth injuries is key in determining your legal options.

With birth defects, lawsuits typically require showing that a third party contributed to the condition, such as through unsafe drugs, negligent prenatal care, or toxic exposure. Proving liability can involve a deep look at medical records, expert testimony, and sometimes pursuing corporate accountability.

With birth injuries, on the other hand, the focus is on the delivery team’s conduct. Did doctors follow accepted medical standards? Did they act quickly enough? Did they use tools appropriately? These cases hinge on whether the harm was avoidable and caused by negligence.

If your child’s condition is classified incorrectly, you may miss your chance to pursue the right kind of claim, or worse, be told you have no case when you do. This is why having an experienced Louisville birth injury attorney who understands both categories is crucial.

Let Our Louisville Birth Injury Lawyers Handle Your Case

Whether your child is struggling with a birth injury or defect, the legal team at Wilt Injury Lawyers can help. Arrange your no-cost consultation with our Louisville birth injury attorneys by calling 502-427-6813 or contacting us online.