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 Oregon, birth injuries are addressed under medical malpractice laws. If a birth injury is suspected to be the result of medical negligence, the parents may have the right to file a lawsuit against the healthcare providers involved. Oregon Revised Statutes (ORS) 30.020 outlines the requirements for a medical malpractice claim, which includes proving that the healthcare provider failed to meet the standard of care and that this failure directly caused the injury. The statute of limitations for medical malpractice claims in Oregon is generally two years from the date the injury is discovered or reasonably should have been discovered, but no more than five years from the date of the treatment or omission that caused the injury, as per ORS 12.110. However, for minors, the time limit may be extended until the child turns 18, with a maximum extension of five years. It's important to note that not all birth injuries are due to medical negligence; some may occur despite appropriate care and skill from the healthcare team. In cases where medical negligence is not involved, there may be no grounds for a legal claim.