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 Iowa, birth injuries are recognized as potential medical concerns that can occur during labor and delivery. While not all birth injuries are due to medical negligence, Iowa law allows for legal action if a birth injury is believed to be the result of medical malpractice. To establish a medical malpractice claim in Iowa, the plaintiff must prove that the healthcare provider failed to adhere to the standard of care, and this failure directly caused the injury to the baby. The standard of care is typically defined as the level and type of care that a reasonably competent health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. If a birth injury is suspected to be due to medical negligence, it is important to consult with an attorney who specializes in medical malpractice to evaluate the case. The attorney can help determine whether the injury was preventable, if there was a deviation from the standard of care, and if there is a viable claim for compensation. Iowa has a statute of limitations for medical malpractice claims, which generally requires that a lawsuit be filed within two years of the date the injury was discovered, or should have been discovered, but no more than six years from the date the act causing the injury occurred. However, there are exceptions for minors, which may extend the time limit.