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 North Carolina, birth injuries that occur during labor and delivery are subject to medical malpractice laws if they result from substandard care provided by healthcare professionals. Birth injuries can range from minor to severe and may be due to natural causes or medical negligence. To establish medical malpractice, it must be shown that the healthcare provider failed to adhere to the accepted standard of care and that this failure directly caused the injury. North Carolina General Statutes Chapter 90, Article 1B, known as the Medical Malpractice Act, outlines the specifics of what constitutes medical malpractice and the procedures for filing a claim. The statute of limitations for filing a medical malpractice claim in North Carolina is generally three years from the date of injury or one year from the date of discovery, but no more than four years from the date of the medical error, with certain exceptions for minors. It is important for parents or guardians of a child who has suffered a birth injury to consult with an attorney who specializes in medical malpractice to understand their rights and the legal remedies available.