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 Florida, birth injuries are addressed under medical malpractice laws. If a birth injury is suspected to be the result of medical negligence, the parents may have the right to file a lawsuit against the healthcare providers involved. Florida Statutes section 766.102 states that proving medical negligence requires showing that the healthcare provider failed to act in accordance with the accepted professional standard of care for such services. The statute of limitations for medical malpractice claims in Florida is generally two years from the date of the incident or from the date the injury was or should have been discovered, but no more than four years from the date of the incident, with certain exceptions for minors. It is important to differentiate between birth injuries and birth defects, as the latter are typically not caused by the healthcare provider's actions. If a birth injury is due to natural causes or factors outside the control of the medical staff, it may not be considered malpractice. However, if the injury is linked to improper use of delivery tools, inadequate monitoring, or other preventable errors, it could be grounds for a legal claim. An attorney specializing in medical malpractice would be able to provide specific guidance based on the details of the case.