When a newborn experiences health complications at birth, families are often left grappling with emotional distress, unanswered questions, and mounting medical bills. For Georgia parents, understanding whether your child’s condition stems from a birth defect or a birth injury is the first step toward getting the right care—and possibly holding someone legally accountable.
At Chance, Forlines, Carter & King, our experienced Georgia birth injury lawyers work closely with families across the state who are facing these difficult situations. If you suspect that medical negligence played a role in your child’s birth complications, it’s important to understand your legal rights.
What Is a Birth Defect?
Birth defects typically occur during pregnancy—often in the first trimester—when a baby’s organs or body parts don’t develop properly in the womb. These conditions are often caused by genetic abnormalities, environmental exposures, or unknown factors. Unlike birth injuries, which usually occur during the labor and delivery process, birth defects are generally not the result of a medical error.
Common types of birth defects include:
- Congenital heart defects
- Spina bifida
- Down syndrome
- Cleft lip or palate
- Microcephaly
- Clubfoot
- Esophageal and intestinal malformations
- Fetal alcohol syndrome
Some defects may be influenced by external factors, such as maternal illness, smoking, or use of certain medications during pregnancy.
What Is a Birth Injury?
Birth injuries, on the other hand, are often the result of physical trauma or medical negligence during the birthing process. These injuries can affect both the baby and the mother and may lead to long-term complications or permanent disabilities.
Birth injuries may occur when:
- Healthcare providers fail to respond to signs of fetal distress
- Delivery tools like vacuums or forceps are used improperly
- Labor is prolonged without appropriate medical intervention
- Doctors delay or mishandle necessary C-sections
- A lack of oxygen causes brain damage
Some of the most common and serious birth injuries include:
- Cerebral palsy: Often caused by oxygen deprivation or brain trauma during delivery.
- Brachial plexus injuries: Nerve damage leading to weakness or paralysis in the baby’s arm.
- Fractures or dislocations: Caused by improper use of force during delivery.
- Spinal cord injuries: Rare but serious injuries that can lead to lifelong paralysis.
- Intracranial hemorrhage: Bleeding in the brain due to trauma.
Birth Defect or Birth Injury: How to Tell the Difference
While birth defects occur during fetal development, birth injuries typically result from preventable mistakes. If your child was developing normally throughout pregnancy but experienced complications during labor or shortly after birth, it’s possible a birth injury occurred.
A skilled Georgia birth injury attorney can help investigate medical records, expert opinions, and hospital procedures to determine whether negligence played a role.
Your Legal Rights After a Birth Injury
If your baby’s condition was caused by a doctor’s error, you may be entitled to compensation for medical costs, future care, pain and suffering, and more. Filing a birth injury claim not only helps secure your child’s future but also holds negligent providers accountable.
At Chance, Forlines, Carter & King, we are committed to protecting Georgia families. Our legal team understands how devastating these cases are, and we’re here to guide you every step of the way.
Speak with a Georgia Birth Injury Lawyer Today
If your child was injured during birth and you believe medical negligence was involved, don’t wait. The sooner you consult with a knowledgeable attorney, the better your chances of recovering the compensation your family deserves.
Contact the Georgia birth injury attorneys at Chance, Forlines, Carter & King today for a free, compassionate consultation. We serve clients throughout Atlanta, Macon, Columbus, Savannah, and all across Georgia.