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 Connecticut, birth injuries are addressed under medical malpractice law. Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, fails to provide a standard of care that a reasonably competent provider would have offered under similar circumstances, resulting in harm to the patient. If a birth injury is suspected to be the result of medical negligence, the affected parties may have the right to file a lawsuit. Connecticut law requires that medical malpractice claims be brought within two years from the date the injury is discovered, but no more than three years from the date of the act or omission constituting the alleged negligence. However, there are exceptions for minors and cases involving fraud, concealment, or a foreign object left in the body. It is important to differentiate between birth injuries and birth defects, as the latter are typically not caused by the healthcare provider's actions during delivery. If a birth injury claim is pursued, it may involve expert testimony to establish the standard of care and how it was breached. Families considering legal action for a birth injury should consult with an attorney who specializes in medical malpractice to discuss their case and understand their legal options.