The Difference Between Birth Defects and Birth Injuries in Medical Lawsuits

August 11, 2025

A birth injury happens because of a medical mistake during labor, delivery, or immediately after birth.

A birth defect, on the other hand, develops while the baby is in the womb, which could be due to genetics, environmental factors, or exposure to harmful substances.

This distinction is the hinge upon which a legal case swings. It determines who may be held responsible and what must be proven to secure the resources needed for your child’s care. For instance, a case about an injury during delivery focuses on the actions of the medical team in the delivery room. A case about a defect might focus on whether a medication prescribed during pregnancy was safe, or if a doctor failed to diagnose a condition on a prenatal screening.

If your child was born with a condition and you have questions, we are ready to help you get answers. Call Wapner Newman at (215) 569-0900 for a straightforward conversation about your situation.

A Side-by-Side Comparison

Birth Injury

When it Occurs: During labor, delivery, or immediately after birth.
The Core Cause: Typically linked to medical negligence or a failure to meet the accepted standard of care.
Common Examples: Oxygen deprivation leading to brain damage, fractures from improper use of forceps, and nerve damage like Erb’s palsy from excessive force during delivery.
The Legal Path: A medical malpractice lawsuit against the healthcare provider or hospital.

Birth Defect

When it Occurs: During pregnancy, as the fetus develops in the womb.
The Core Cause: Commonly genetic, but sometimes linked to external factors like prescribed medications, toxic chemical exposure, or maternal infections. The CDC estimates that for many birth defects, the cause is unknown.
Common Examples: Cleft palate, heart defects, Down syndrome, and spina bifida.
The Legal Path: Potentially a product liability lawsuit against a drug manufacturer, a toxic tort claim against an employer or company, or a medical malpractice claim for “wrongful birth” if a doctor failed to diagnose the defect.

What Does a “Birth Injury” Mean in a Pennsylvania or New Jersey Lawsuit?

A birth injury claim is a specific type of medical malpractice case. To successfully pursue compensation, our firm must establish four key elements.

1. A Doctor-Patient Relationship Existed (Duty)

This is usually straightforward. The doctors, nurses, and hospital staff who delivered your baby owed you and your child a professional duty to provide competent care.

2. The Standard of Care Was Breached (Negligence)

This is the heart of the case. The “standard of care” is not about demanding perfection from medical professionals. It’s the set of established procedures and actions that a reasonably prudent medical professional in Pennsylvania or New Jersey would follow in a similar situation.

Think of it as the flight crew’s pre-takeoff checklist. There is a protocol for a reason, and deviating from it without a valid cause can lead to preventable harm. Examples of a breach include:

Failing to monitor signs of fetal distress and perform a timely C-section.
Improperly using vacuum extractors or forceps, causing nerve damage or fractures.
Mismanaging a known risk, like a tangled umbilical cord, maternal high blood pressure, or gestational diabetes.

3. The Negligence Caused the Injury (Causation)

We must show, primarily through testimony from other qualified medical professionals, that the doctor’s failure directly led to your child’s specific injury. This is frequently the most contested part of a case, as the defense may argue the injury was unavoidable or resulted from an underlying, undetectable issue.

4. The Injury Resulted in Damages (Harm)

This refers to the comprehensive costs of the injury. It includes not just past and future medical bills, but also the need for lifelong care, adaptive equipment, specialized therapies, and compensation for your child’s pain, suffering, and loss of life’s pleasures.

Can You Pursue a Lawsuit for a Birth Defect? The Path is Narrower, But It Exists.

According to the Centers for Disease Control and Prevention (CDC), about 1 in every 33 babies in the U.S. is born with a birth defect. In most of these situations, there is no one to blame. However, a legal claim may be possible in a few specific circumstances where negligence played a role.

Failure to Diagnose or Warn (“Wrongful Birth”)

This type of claim does not argue that the doctor caused the defect. Instead, it argues that the doctor was negligent by failing to detect the defect on prenatal tests (like ultrasounds or amniocentesis) or by failing to warn the parents about known risks associated with their health, age, or family history. The core of this argument is that the medical provider’s failure deprived the parents of the ability to make fully informed decisions about the pregnancy. These are emotionally charged and legally complex cases recognized in both Pennsylvania and New Jersey that require careful and compassionate handling.

Prescription Drug Liability

If a medication taken during pregnancy is shown to cause birth defects, a product liability lawsuit may be filed against the pharmaceutical manufacturer. These cases allege the company knew, or should have known, about the risks but failed to provide adequate warnings to doctors and patients. Litigation surrounding certain antidepressants and anti-seizure medications are prominent examples of this type of claim.

Toxic Exposure

If a pregnant parent was exposed to harmful chemicals or environmental toxins—for example, at their workplace or in their community—it may be possible to file a claim against the responsible company. These cases hinge on establishing a direct scientific link between the specific chemical exposure and the resulting birth defect.

The Investigation: How We Determine the Cause

Some conditions, like cerebral palsy, can stem from either a prenatal defect or an injury at birth, such as oxygen deprivation. Because the origin isn’t always clear, a deep and thorough investigation is the first step we take. This is not a process you have to manage. We handle every aspect of it.

Gathering the Records

Our first action is to collect every piece of paper related to the pregnancy and birth. This includes all prenatal visit notes, lab results, ultrasound films, hospital admission records, electronic fetal monitoring strips, and the detailed notes from the delivery room.

Consulting Medical Professionals

We then work with a network of independent medical professionals—such as obstetricians, neonatologists, neurologists, and life-care planners—who were not involved in your care. They review the complete medical file to provide an unbiased, professional opinion on two crucial questions:

Did the medical care provided meet the accepted standards in Pennsylvania or New Jersey?
If not, can it be shown that this failure directly caused your child’s condition?

The Statute of Limitations in Pennsylvania and New Jersey

Every state sets a firm deadline, known as a statute of limitations, for filing a lawsuit. If you miss this deadline, the law may permanently bar you from seeking compensation. The rules for minors are different from those for adults.

In Pennsylvania:

For most medical malpractice cases, the lawsuit must be filed within two years of the date the injury occurred or was reasonably discovered. However, Pennsylvania law provides special protection for minors. The two-year clock does not start running until the child turns 18. This means a lawsuit for a birth injury can typically be filed anytime before the child’s 20th birthday.

In New Jersey:

The general statute of limitations for medical malpractice is also two years from the date of the injury or its reasonable discovery. For injuries that happen at birth, New Jersey law also “tolls,” or pauses, this deadline. A lawsuit can be filed on behalf of the child at any point up until their 20th birthday for most injuries. It is important to note that the law has some specific nuances, making it wise to consult with an attorney to understand the exact deadline for your situation.

While these deadlines may seem long, building a strong case becomes more challenging as time passes. Memories fade, and records can become more difficult to locate. Starting the investigation process sooner rather than later is always beneficial.

What a Lawsuit Aims to Secure: Planning for a Lifetime of Care

A lawsuit in these circumstances is about securing the financial resources your child will need to live the fullest, most supported life possible. Here’s what that might look like:

Economic Damages

These are the tangible, calculable costs resulting from the injury.

Medical Care: All past and future medical treatment, including surgeries, doctor visits, hospital stays, and prescription medications.
Therapy and Rehabilitation: The costs of ongoing physical, occupational, and speech therapy.
Assistive Devices: Wheelchairs, braces, communication aids, and necessary modifications to your home and vehicle.
In-Home Care: The cost of skilled nursing care or other assistance if your child requires round-the-clock support.
Lost Earning Capacity: The income the child will likely be unable to earn as an adult because of their condition.

Non-Economic Damages

These address the profound, intangible harms.

Pain and Suffering: Compensation for the physical pain and emotional distress the child endures.
Loss of Life’s Pleasures: For the inability to participate in and enjoy life’s normal activities, from childhood friendships to future opportunities.

Frequently Asked Questions About Birth Injury & Defect Lawsuits

Can a single condition be considered both a defect and an injury?

In some rare and highly complex cases, yes. For example, a child might have a minor, pre-existing defect that would not have caused significant harm on its own. However, if a doctor’s negligence during delivery aggravates that specific condition, it could lead to a much more severe outcome. These cases require extremely detailed medical analysis to separate the impact of the pre-existing defect from the new harm caused by the medical injury.

What happens if the cause of my child’s birth defect is unknown?

Unfortunately, if a specific cause cannot be identified—such as a verifiable link to a drug, a toxic substance, or a doctor’s failure to diagnose—a legal claim is generally not possible. The law requires a direct, provable link between a negligent act (or a defective product) and the resulting harm. The CDC notes that for up to half of all birth defects, a specific cause is never found.

How much does it cost to hire a birth injury attorney for a birth injury case?

We handle these cases on a contingency fee basis. This means you pay no upfront fees. Our firm advances the costs of the investigation, medical record analysis, and litigation. Our fee is a percentage of the compensation we recover for you. If we do not secure a financial recovery, you owe us nothing.

What is a “wrongful birth” claim in Pennsylvania and New Jersey?

A “wrongful birth” claim is a type of medical malpractice lawsuit brought by parents. It alleges that a healthcare provider’s negligence—such as misinterpreting a prenatal test or failing to inform parents of a detected anomaly—denied them the ability to make an informed choice about continuing the pregnancy. While Pennsylvania has statutes that limit these specific claims, New Jersey law clearly allows them. Discussing the specifics of your situation with a knowledgeable attorney is the best way to understand your rights in your state.

Does filing a lawsuit mean I will have to go to court?

Not necessarily. The vast majority of medical malpractice cases are resolved through a negotiated settlement before ever reaching a trial. A settlement is a formal agreement between the parties to resolve the claim for an agreed-upon amount of compensation. We prepare every case as if it will go to trial, as this comprehensive preparation puts us in the strongest possible position to negotiate a fair settlement on your behalf.

Let Us Find the Answers, So You Can Focus on Your Child

Your focus should be on your child. Our focus will be on getting you the clarity and resources you need.

Call Wapner Newman today at (215) 569-0900 for a no-cost, confidential discussion about your family’s situation.