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 Kentucky, birth injuries are addressed under medical malpractice law. When a birth injury occurs, it may lead to a legal claim if it can be demonstrated that the injury was the result of medical negligence. To prove medical negligence, it must be shown that the healthcare provider breached the standard of care expected in the medical community, and this breach directly caused the injury. Not all birth injuries are due to negligence; some are unavoidable consequences of the birthing process. However, if the injury was preventable and occurred due to actions that deviated from accepted medical practices, there may be grounds for a malpractice claim. Kentucky law requires that medical malpractice claims be filed within one year after the injury is discovered, but no more than five years from the act or omission causing the injury. This is known as the statute of limitations. Additionally, Kentucky has a Medical Review Panel Act, which requires that claims first be reviewed by a panel of healthcare providers before proceeding to court, although this process can be waived under certain circumstances. It is important for individuals considering a legal claim for a birth injury to consult with an attorney who specializes in medical malpractice to understand their rights and the complexities of pursuing such a case.