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 Massachusetts, birth injuries are addressed under medical malpractice law. When a birth injury occurs, it may be due to a variety of factors, some of which are natural and unavoidable, while others may be the result of medical negligence. To establish medical malpractice, it must be shown that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused the injury. The standard of care is determined by what is considered reasonable and appropriate by the medical community under similar circumstances. If a birth injury is suspected to be due to medical negligence, the parents may file a lawsuit against the healthcare providers involved. In Massachusetts, the statute of limitations for medical malpractice claims is generally three years from the date of the injury or from when the injury was discovered, but no more than seven years from the alleged act or omission, except in cases involving foreign objects left in the body or in cases of fraud or concealment. It is important for parents to consult with an attorney who specializes in medical malpractice to understand their rights and the legal process involved in pursuing a claim for a birth injury.