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 Oklahoma, 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 typically expected in similar situations, 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 file a lawsuit within two years of the injury or within two years of discovering the injury, as per Oklahoma's statute of limitations for medical malpractice claims. The claim must establish that the healthcare provider failed to provide the appropriate standard of care, and this failure resulted in the injury. If a birth injury is due to factors such as the baby's size, the mother's health, or unavoidable complications during delivery, and the healthcare provider acted competently and appropriately, it may not constitute malpractice. It's important for parents to consult with an attorney who specializes in medical malpractice to determine if they have a valid claim.