Not every condition present at birth happens for the same reason. That distinction matters more than you might think, especially when you’re trying to understand whether what happened to your child could have been prevented. Birth injuries stem from preventable medical errors. They occur during pregnancy, labor, or delivery when something goes wrong that shouldn’t have. Birth defects are different. They develop during fetal development and typically have genetic or environmental origins that healthcare providers can’t control. Ward & Ward Personal Injury Lawyers works with families who need to understand which situations may warrant legal action and which fall outside the scope of provider negligence. It’s not always obvious.
What Qualifies As A Birth Injury
Birth injuries happen when medical professionals fail to meet accepted standards of care. These weren’t inevitable. With proper monitoring, timely intervention, or appropriate delivery methods, they could’ve been avoided. You’ll see birth injuries in situations like:
- Oxygen deprivation causing cerebral palsy or brain damage
- Nerve damage from excessive force during delivery
- Fractures from improper use of delivery tools
- Infections from unsanitary conditions or delayed treatment
- Hemorrhaging from medication errors or delayed cesarean sections
Most of these injuries result from specific failures. A doctor doesn’t monitor fetal distress properly. A necessary medical intervention gets delayed. Someone uses too much force with forceps or vacuum extractors. An Indianapolis Medical Malpractice Lawyer examines medical records to determine whether providers followed proper protocols or whether they cut corners that cost your child their health.
Understanding Birth Defects
Birth defects develop during pregnancy as the fetus forms. Most have genetic causes, chromosomal abnormalities, or result from maternal health conditions. You’re looking at things like congenital heart defects, cleft palate, Down syndrome, and spina bifida. Healthcare providers can’t prevent most birth defects. The science just isn’t there yet. But they do have responsibilities. They must properly screen for known risk factors. They need to order appropriate genetic testing when it’s indicated. And they have to inform parents of potential complications so families can make informed decisions about their care. Failing to diagnose detectable conditions during pregnancy may constitute negligence. Why? Because it prevents parents from making informed decisions about their care and their child’s future.
Where Medical Negligence Intersects
Some situations don’t fit neatly into one category or the other. That’s where things get complicated, and where providers may face liability even when dealing with congenital conditions. Consider a doctor who fails to identify maternal diabetes and doesn’t provide proper management. That puts the baby at significantly higher risk for both birth defects and delivery complications, or think about a provider who prescribes medications known to cause fetal harm without discussing risks and alternatives. That’s malpractice.
Inadequate prenatal care creates problems. Missed diagnoses during routine screenings create problems. Failure to recognize high-risk pregnancies creates problems. These aren’t just oversights. They’re missed opportunities to prevent harm. An Indianapolis Medical Malpractice Lawyer reviews prenatal records, delivery notes, and hospital protocols to identify exactly where providers fell short of what they should’ve done.
Proving Medical Negligence In Birth Cases
You can’t just claim something went wrong. Establishing malpractice requires showing that healthcare providers breached their duty of care and that the breach directly caused the injury. Medical records form the foundation. So does expert testimony. And established clinical guidelines matter significantly. Families must demonstrate what a reasonably competent provider would have done differently under similar circumstances. This often requires detailed analysis of fetal monitoring strips, medication administration records, and surgical notes. It’s painstaking work. Timing matters enormously in these cases. A delay of even minutes in performing an emergency cesarean section can mean the difference between a healthy baby and one with permanent brain damage from oxygen deprivation. Minutes. Not hours. That’s how quickly things can go wrong when providers don’t act appropriately.
Why Legal Guidance Matters
Birth injury cases aren’t simple. They involve complex medical concepts and require substantial evidence to prove. Insurance companies and healthcare facilities don’t just roll over when you file a claim. They employ teams of lawyers specifically to minimize their liability and reduce settlement amounts. If your child suffered harm during pregnancy or delivery that you believe resulted from medical errors rather than unavoidable complications, contact us today.
