A birth injury is an impairment of the baby’s body function or structure caused by an adverse event that occurs at birth. These injuries include a wide range of minor to major injuries due to various mechanical forces during labor and delivery.

Birth injuries are different from birth defects or malformations and are often easily distinguishable from congenital defects (defects that are genetic or acquired during the fetal stage). Birth trauma rates have steadily declined over the last few decades due to refinements in obstetrical techniques and the increased use of cesarean delivery in cases of dystocia or difficult vaginal deliveries.

Birth injuries are not necessarily the result of medical negligence or malpractice—sometimes a baby suffers physical injury as a result of being born.

The risk of birth injuries increases when:

• The baby is large

• The mother is significantly overweight

• The baby is born prematurely or too early

• The baby is not head-first in the birth canal

• The size or shape of the mother’s pelvis or birth canal makes it difficult for a normal vaginal birth

• The labor process is difficult or long—such as when contractions

• Certain devices like vacuum or forceps are used to deliver the baby

• There is a cesarean delivery

Common birth injuries include:

• Swelling or bruising of the head

• Facial nerve injury caused by pressure on the baby’s face

• Fracture of the clavicle or collarbone

• Bleeding underneath one of the cranial bones

• Breakage of small blood vessels in the baby’s eyes

• Injury to the group of nerves that supplies the arms and hands

In California, birth injuries that occur during labor and delivery are subject to a complex interplay of medical and legal considerations. While not all birth injuries result from medical negligence, when they do, they may give rise to a medical malpractice lawsuit. California law requires that a medical malpractice claim must be brought within three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. This is known as the statute of limitations. For birth injuries, special rules may apply, particularly when the injured party is a minor. In such cases, the statute of limitations may be extended, allowing for a claim to be filed on behalf of the child until the child's eighth birthday. It is important to differentiate between birth injuries and congenital defects, as the latter are not typically associated with the delivery process and thus are not usually the subject of malpractice claims. If a birth injury is suspected to be due to medical negligence, such as improper use of delivery instruments or failure to perform a necessary cesarean section, parents may wish to consult with an attorney who specializes in medical malpractice to explore their legal options.