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 Indiana, 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, Indiana law allows for legal action if a birth injury is believed to be the result of medical malpractice. Under Indiana's Medical Malpractice Act, patients (or their guardians in the case of infants) must file a proposed complaint with the Indiana Department of Insurance before going to court. This initiates a review by a medical review panel consisting of healthcare professionals who will give an opinion on whether the standard of care was breached. If negligence is found, the parents may then proceed with a lawsuit in court. It's important to note that there are statutes of limitations that apply to medical malpractice claims in Indiana, generally two years from the date of the alleged act for adults, but for children, the time limit may extend until the child's eighth birthday. However, specific circumstances can affect these time frames, so it is advisable to consult with an attorney to understand the applicable deadlines and legal options.