When it comes to your child’s health, understanding whether their condition is a birth injury or a birth defect is crucial. This distinction not only affects medical treatment but also the legal avenues available to you. If you are seeking justice and compensation, knowing the difference can significantly impact your case.
What is a birth injury?
A birth injury occurs during the process of childbirth, often due to complications or medical negligence. For example, improper use of forceps or a failure to perform a timely C-section can lead to conditions like cerebral palsy or brachial plexus injuries. In New Mexico, these cases fall under the Medical Malpractice Act, which allows you to pursue compensation if you can prove negligence by a healthcare provider.
What is a birth defect?
On the other hand, birth defects are abnormalities that develop during pregnancy. These can be caused by genetic factors, environmental influences or unknown reasons. Examples include spina bifida and congenital heart defects. Unlike birth injuries, birth defects are not typically the result of actions taken during delivery, making medical malpractice claims less common.
Legal implications: Why it matters
Distinguishing between a birth injury and a defect is critical when considering legal action. If your child’s condition is a birth injury, you may have grounds for a medical malpractice lawsuit. This requires showing that a healthcare provider’s negligence directly caused the injury. In New Mexico, the time limit for filing such claims is three years from the date of the injury.
However, birth defects generally do not involve medical malpractice unless there is clear evidence that a healthcare provider’s actions during pregnancy directly caused the defect, such as exposure to harmful substances.
Making the right decision for your case
Understanding the nature of your child’s condition is essential in deciding your next steps. If you suspect a birth injury, consulting with a knowledgeable attorney can help determine if you have a valid claim. They can guide you through the legal process and work to secure the compensation your family needs to move forward.
By recognizing the difference between birth injuries and defects, you can make informed decisions that protect your child’s future and your family’s rights.