Is a New York birth defect the same thing as a New York birth injury?


A: No, birth defects and birth injuries are two separate and distinct things. A birth defect, or congenital disorder, is a condition that would've occurred regardless of the actions of medical personnel. For example, a birth defect may be caused by a chromosomal abnormality, a genetic disorder or a prenatal infection that was properly treated.

A birth injury, however, is not inevitable, but caused by the negligence or medical malpractice of a doctor, nurse, midwife or hospital. A birth injury often occurs when a medical professional or hospital fails to exercise reasonable care during pregnancy, labor or delivery and the child suffers an injury as a result.

From a legal standpoint, the difference is significant. Generally, you cannot recover New York medical malpractice damages for a birth defect. However, if your child has suffered a birth injury, it is important to contact a New York birth injury lawyer as soon as possible, because your family may be entitled to a legal recovery.

To reach an experienced and compassionate New York birth injury attorney at The Pagan Law Firm, please call 1-800-PAGAN-911 today and schedule a free consultation.