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 Colorado, birth injuries are addressed under medical malpractice law. When a birth injury occurs, it may lead to a legal claim if the injury was caused by a healthcare provider's negligence or deviation from the standard of care during labor and delivery. To establish medical malpractice, it must be shown that the healthcare provider owed a duty of care to the patient, breached that duty by acting or failing to act in a manner that a reasonably competent provider would under similar circumstances, and that breach caused the injury. Colorado has specific statutes that govern medical malpractice claims, including the Colorado Revised Statutes Title 13, Article 64, which sets forth the procedures for filing such claims, including notice requirements and statutes of limitations. The state also has a cap on non-economic damages in medical malpractice cases, which is adjusted periodically for inflation. It's important to note that not all birth injuries are the result of malpractice; some may occur without any negligence. Parents or guardians considering legal action for a birth injury should consult with an attorney who specializes in medical malpractice to discuss the specifics of their case and understand their legal options.