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 Maine, birth injuries are recognized as distinct from birth defects, with the former resulting from events during labor and delivery, and the latter being genetic or acquired during fetal development. Maine law acknowledges that not all birth injuries are due to medical negligence; some may occur naturally during the birthing process. However, when birth injuries are suspected to be the result of medical malpractice, affected parties may seek legal recourse under Maine's medical malpractice statutes. These laws require proving that the healthcare provider failed to adhere to the accepted standard of care and that this failure directly caused the injury. The statute of limitations for filing a medical malpractice claim in Maine is generally three years from the date of the injury or discovery of the injury. It's important for parents or guardians to consult with an attorney who specializes in medical malpractice to navigate the complexities of these cases, including the assessment of risk factors such as large baby size, maternal health, premature birth, delivery methods, and the use of delivery instruments. An attorney can provide guidance on the merits of a case, the likelihood of proving negligence, and the potential for obtaining compensation for damages resulting from a birth injury.