What is the difference between a birth defect and a birth injury?

Both birth defects and birth injuries can have a massive impact on a child’s future. However, there are some distinctions between these types of harm. A birth defect is a condition that begins while the baby is developing in the womb. Although birth defects can occur in part due to the negligent actions of a healthcare provider who commits malpractice, these conditions can also occur in the absence of medical negligence as a result of genetic issues or environmental exposures. Birth injuries refer to harm that happens during labor and delivery, often as a result of a provider’s negligent conduct. Birth injuries can include both traumatic physical harm and damage that results from oxygen deprivation. While birth defects are not necessarily preventable, many birth injuries could be avoided with appropriate medical care and intervention.

When can you sue for a birth defect?

Generally, to hold a healthcare practitioner liable for a birth defect, you must be able to demonstrate that the care they provided fell short of the acceptable standard of care and that this negligence caused the defect. You might, for example, be able to hold a doctor accountable for neglecting to perform routine prenatal screening tests, misreading ultrasounds and other test results, or prescribing medication during pregnancy that is unsafe for the developing baby. In some instances, families may have grounds for legal action against other parties, such as a party responsible for environmental exposures to chemicals that lead to birth defects or the manufacturer of a medication that can increase the risk of birth defects. Consulting knowledgeable birth defect attorneys in Haddonfield, NJ, can help you determine whether you have grounds for any kind of claim.

What should families do if they believe a birth defect is the result of medical malpractice?

Perhaps you suspect that the condition healthcare practitioners are referring to as a birth defect is, in fact, a preventable injury caused by medical mistakes during childbirth. Alternatively, you might wonder whether the defect is the result of some medication your doctor prescribed early on during your pregnancy or whether neglect in ordering tests or interpreting their results contributed to the defect. It’s important to get your child the medical care they need as early as you can to preserve their quality of life and ensure they have the best possible prognosis. Some birth defects can be addressed very successfully through medical intervention, while others, unfortunately, cannot. As you’re focusing on your child’s well-being, make sure you’re also working to protect their rights by retaining legal counsel to advocate for their interests. An experienced birth injury lawyer can review all medical records to determine the exact nature of your child’s condition, the role any party’s malpractice or other forms of negligence may have had in causing the defect, and any potential avenues available to you through the civil legal system. If a healthcare provider or another party caused your child’s birth defect through any form of negligent conduct, your family could be entitled to considerable financial compensation.

Do you need a lawyer to file a birth defect injury claim?

To successfully pursue a claim for compensation arising out of a birth defect, you will need an attorney with specific experience handling these challenging situations. Birth injury claims and other types of medical malpractice cases necessitate professional legal guidance as it is, and cases alleging malpractice leading to a birth defect are even more complex. It’s very difficult to prove that medical negligence, rather than a naturally occurring defect, is the cause of the condition your child developed while still in the womb. Our New Jersey birth defects lawyers approach these cases with a focus on exploring every aspect of the medical care provided during pregnancy and a willingness to consult authorities in relevant fields of medicine.

Andres Berger Tran/

Birth Injury Claims/

Birth Defects

New Jersey Birth Defects Lawyers

Birth Defect Attorneys in Haddonfield, NJ Providing Legal Assistance for Birth Defect Claims in Camden County, Burlington County, Gloucester County, and Throughout South Jersey

A birth defect doesn’t fit into the life you envisioned for your child, but families throughout the state find themselves facing this difficult reality. What you don’t have to do is face this situation alone. As you’re exploring the interventions that could help your child have the best possible prognosis or simply give them a better quality of life, having the guidance of experienced New Jersey birth defects lawyers can help you pursue any financial compensation your family could be entitled to.

At The Law Offices of Andres, Berger & Tran, our team of birth defect attorneys in Haddonfield, NJ, is committed to holding medical practitioners accountable for negligent conduct that harms babies both during development and during the birthing process. We’re prepared to examine all aspects of care provided during pregnancy to identify any malpractice that could have led to your baby’s birth defect. For a free consultation, contact us today.

Understanding the Role of Medical Malpractice in Birth Defects

A birth defect begins before birth, developing while the baby is still forming in the womb. Often, birth defects occur early, during the first trimester of pregnancy. Examples of birth defects include spina bifida, Down syndrome, cystic fibrosis, muscular dystrophy, anencephaly, and cleft lip and palate.

Birth defects can result from genetic issues or environmental exposures even when no one—not the pregnant mother or any member of her healthcare team—has done anything wrong. However, they can also happen as a result of medical malpractice early on in pregnancy, including prescribing a pregnant patient medication that is unsafe to take during pregnancy. For example, a doctor may face liability for birth injuries if they prescribe pregnant patients Zofran to treat morning sickness despite the medication being linked to birth defects.

Birth defects can sometimes, although not always, be detected during the pregnancy through various tests and screenings. The results of these tests can help families and doctors plan for the baby’s needs and, in the case of severe defects that would strongly impact both function and quality of life, may prompt families to consider whether to proceed with the pregnancy. Our birth defect attorneys in Haddonfield, NJ, also hold healthcare providers accountable for negligent conduct in regard to screening for and identifying birth defects, including:

Failing to order or perform routine screenings
Failing to order or perform tests indicated by specific symptoms or risk factors
Misinterpreting test results, including ultrasound results
Failing to communicate risks and test findings that indicate birth defects to the patient

In the form of wrongful birth claims, families may be able to take action against healthcare professionals who fail to identify birth defects during pregnancy or to advise parents of the condition, which prevents the family from making an informed decision about whether to move forward with the pregnancy. These cases are challenging legal matters, but having knowledgeable New Jersey birth defects lawyers on your side can help you build the strongest case possible.

How The Law Offices of Andres, Berger & Tran Hold Doctors Accountable for Birth Injuries in New Jersey

It isn’t easy to prove that a medical practitioner’s negligence caused your baby’s birth defect or that their mishandling of the situation prevented you from making the choice that was right for your family. Our New Jersey birth defects lawyers prioritize thorough investigations that allow us to collect all evidence of malpractice. We collaborate with medical experts whose insights can strengthen your claim. Through the committed representation we provide, we advocate fiercely for the best interests of each family we serve in settlement negotiations, legal proceedings, and, if necessary, a trial.

Why Choose The Law Offices of Andres, Berger & Tran?

After what your family has been through, you deserve the full advantage of having skilled legal support to hold negligent doctors accountable. At The Law Offices of Andres, Berger & Tran, our New Jersey birth defects lawyers provide comprehensive representation for families impacted by birth defects, collaborating closely with respected experts in various fields while meticulously investigating and analyzing cases—all without ever charging upfront fees.

Help for All Forms of Birth Defects and Newborn Injuries

Birth defects can come in many forms, resulting from different types of negligent conduct and impacting babies and their families in a variety of ways. Our attorneys have comprehensive experience representing injured babies and their families in all types of harm that result from a healthcare provider’s negligence. With both a breadth and depth of experience to bring to your case, we know how to build strong claims, overcome obstacles, and pursue maximum compensation for the families we represent.

A History of Close Collaborations With Expert Witnesses of All Kinds

To recover maximum compensation for your claim, you need the skills of a knowledgeable attorney, but you also need more. A successful medical malpractice case demands the supporting opinions of medical experts not only in obstetrics and areas related to care during pregnancy and birth but also in the areas that pertain to the defects your child is facing, such as orthopedics. We also consult with expert witnesses in economics to get a full and accurate picture of the financial impacts of the birth defect, including projected future medical costs. By cultivating excellent working relationships with respected expert witnesses and working closely with these professionals, we can build the strongest possible case for your circumstances.

Diligent Investigation and Evidence Collection for Successful Claims

With our long history of securing major settlements and verdicts for our clients, we know what makes a case as successful as possible: meticulous preparation. We undertake a thorough investigation and carefully analyze all relevant medical records to identify any possible form of malpractice in connection with a child’s birth defect. We know that the negligence that contributes to these birth injuries and defects can occur not only during the birth process but also earlier in pregnancy, and we’re committed to considering the full scope of healthcare providers’ duties to your family.

Contact the New Jersey Birth Defects Lawyers at The Law Offices of Andres, Berger & Tran Today for a Free Case Consultation

When you’re facing the consequences of a birth defect, you need help you can rely on, not more stress. We’re committed to providing legal support for families to make life easier: offering home and hospital visits, answering pressing legal questions, and fighting for maximum compensation without any upfront legal fees.

For help from birth defect attorneys in Haddonfield, NJ, contact The Law Offices of Andres, Berger & Tran online or call 856-317-6558 today.

Frequently Asked Questions About Birth Defect Injury Claims in New Jersey

Both birth defects and birth injuries can have a massive impact on a child’s future. However, there are some distinctions between these types of harm.
A birth defect is a condition that begins while the baby is developing in the womb. Although birth defects can occur in part due to the negligent actions of a healthcare provider who commits malpractice, these conditions can also occur in the absence of medical negligence as a result of genetic issues or environmental exposures.
Birth injuries refer to harm that happens during labor and delivery, often as a result of a provider’s negligent conduct. Birth injuries can include both traumatic physical harm and damage that results from oxygen deprivation. While birth defects are not necessarily preventable, many birth injuries could be avoided with appropriate medical care and intervention.
Generally, to hold a healthcare practitioner liable for a birth defect, you must be able to demonstrate that the care they provided fell short of the acceptable standard of care and that this negligence caused the defect. You might, for example, be able to hold a doctor accountable for neglecting to perform routine prenatal screening tests, misreading ultrasounds and other test results, or prescribing medication during pregnancy that is unsafe for the developing baby.
In some instances, families may have grounds for legal action against other parties, such as a party responsible for environmental exposures to chemicals that lead to birth defects or the manufacturer of a medication that can increase the risk of birth defects.
Consulting knowledgeable birth defect attorneys in Haddonfield, NJ, can help you determine whether you have grounds for any kind of claim.
Perhaps you suspect that the condition healthcare practitioners are referring to as a birth defect is, in fact, a preventable injury caused by medical mistakes during childbirth. Alternatively, you might wonder whether the defect is the result of some medication your doctor prescribed early on during your pregnancy or whether neglect in ordering tests or interpreting their results contributed to the defect.
It’s important to get your child the medical care they need as early as you can to preserve their quality of life and ensure they have the best possible prognosis. Some birth defects can be addressed very successfully through medical intervention, while others, unfortunately, cannot. As you’re focusing on your child’s well-being, make sure you’re also working to protect their rights by retaining legal counsel to advocate for their interests.
An experienced birth injury lawyer can review all medical records to determine the exact nature of your child’s condition, the role any party’s malpractice or other forms of negligence may have had in causing the defect, and any potential avenues available to you through the civil legal system. If a healthcare provider or another party caused your child’s birth defect through any form of negligent conduct, your family could be entitled to considerable financial compensation.
To successfully pursue a claim for compensation arising out of a birth defect, you will need an attorney with specific experience handling these challenging situations. Birth injury claims and other types of medical malpractice cases necessitate professional legal guidance as it is, and cases alleging malpractice leading to a birth defect are even more complex. It’s very difficult to prove that medical negligence, rather than a naturally occurring defect, is the cause of the condition your child developed while still in the womb. Our New Jersey birth defects lawyers approach these cases with a focus on exploring every aspect of the medical care provided during pregnancy and a willingness to consult authorities in relevant fields of medicine.