At Phillips Law Offices, our Chicago birth injury lawyers often meet parents who are confused and heartbroken after learning that their child has a serious medical condition. The first question many ask is: “Was this a birth injury or a birth defect?” While these two terms sound similar, they have very different meanings — and understanding this difference can determine whether you have a legal case for compensation.
In simple terms, a birth defect is a condition that develops while the baby is still in the womb, often due to genetic or environmental factors. A birth injury, on the other hand, occurs during labor or delivery, usually because of medical negligence or a failure by a healthcare provider to act properly.
At Phillips Law Offices in Chicago, Illinois, we help families identify whether their child’s condition was caused by unavoidable factors or by preventable medical mistakes.
What Is a Birth Defect?
A birth defect refers to a structural or functional abnormality that develops during pregnancy — typically while the baby is still forming in the uterus. These defects can affect how the baby looks, functions, or grows. Examples include heart defects, cleft lip or palate, and neural tube defects like spina bifida.
Common Causes of Birth Defects
Birth defects may result from:
- Genetic factors: Inherited conditions from one or both parents.
- Environmental exposure: Harmful substances such as certain medications, alcohol, or infections during pregnancy.
- Unknown causes: In many cases, the specific reason is never identified.
These conditions are not typically the result of medical malpractice. However, medical professionals have a duty to detect potential birth defects early through proper prenatal screening and genetic testing. If your doctor failed to identify or inform you of a serious defect during pregnancy, that negligence might still create grounds for a legal claim.
What Is a Birth Injury?
A birth injury occurs during labor or delivery — and often results from medical negligence. Unlike a birth defect, a birth injury happens because of something that went wrong during childbirth.
Examples of Birth Injuries
- Cerebral Palsy: Often caused by oxygen deprivation or delayed delivery.
- Erb’s Palsy or Brachial Plexus Injuries: Nerve damage due to excessive force during delivery.
- Fractures or Bruising: From improper use of forceps or vacuum extractors.
- Brain Damage: Due to prolonged labor, failure to monitor fetal distress, or failure to perform a timely C-section.
In these cases, the harm could have been prevented if doctors, nurses, or hospital staff had followed proper medical standards. That’s where an experienced Chicago birth injury lawyer from Phillips Law Offices can make a life-changing difference.
How Doctors and Hospitals May Be Responsible
When a healthcare provider fails to act according to the expected standard of care, the results can be devastating. Common forms of medical negligence leading to birth injuries include:
- Failure to monitor fetal distress signals during labor.
- Improper use of delivery tools, such as forceps or vacuum extractors.
- Delayed C-section when the baby is in distress.
- Medication errors affecting the mother or child.
At Phillips Law Offices, we work with trusted medical experts to investigate these cases. We obtain hospital records, delivery notes, and expert testimony to determine whether the injury was avoidable — and whether your doctor, nurse, or hospital should be held accountable.
Why This Distinction Matters in Illinois Law
The distinction between a birth injury and a birth defect matters because it determines whether you have a medical malpractice case.
- Birth Defect: Usually not grounds for a lawsuit unless caused or worsened by negligent prenatal care.
- Birth Injury: Often grounds for a lawsuit because it results from preventable medical error during delivery.
Under Illinois law, you generally have two years to file a medical malpractice claim, but exceptions apply when minors are involved. That’s why it’s essential to contact an experienced birth injury attorney in Chicago as soon as possible to protect your rights.
How Phillips Law Offices Can Help
At Phillips Law Offices, our team of Chicago birth injury lawyers understands both the medical and legal complexities of these cases. We handle every aspect — from obtaining expert opinions to negotiating with hospitals and insurance companies.
We aim to secure financial compensation for:
- Medical bills (past and future care)
- Rehabilitation and therapy costs
- Pain and suffering
- Loss of quality of life
- Emotional distress for parents and children
Our firm has a long history of representing Illinois families with compassion and determination. We don’t charge fees unless we win your case.
Contact Phillips Law Offices Today
If you suspect your child’s condition may be the result of a birth injury caused by negligence, contact Phillips Law Offices today. Our compassionate team will review your case, explain your legal options, and fight to hold the responsible parties accountable.
📞Call us now at (312) 598-1829
🏢 Visit us at 161 N Clark St, Suite 4925, Chicago, IL
💬 Free Consultation | No Fee Unless You Win