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 Mississippi, birth injuries are addressed under medical malpractice law. When a birth injury occurs, it may lead to a medical malpractice claim if it can be demonstrated that the healthcare provider deviated from the standard of care expected in the medical community, and this deviation caused harm to the baby. Not all birth injuries are due to medical negligence; some are unavoidable consequences of the birthing process. However, if negligence is suspected, the parents may have grounds to file a lawsuit. Mississippi law requires that medical malpractice claims be filed within two years of the date the injury is discovered, but no more than seven years after the alleged act, omission, or neglect occurred. Additionally, Mississippi has a cap on noneconomic damages in medical malpractice cases, which includes compensation for pain and suffering, at $500,000. It is important for parents who suspect their child's birth injury was due to medical negligence to consult with an attorney who specializes in medical malpractice to evaluate their case and guide them through the legal process.