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 Rhode Island, birth injuries are recognized as potential medical complications that can occur during labor and delivery. While not all birth injuries are due to medical negligence, Rhode Island law allows for legal action if a birth injury is caused by medical malpractice. This means that if the standard of care is not met by healthcare providers and results in a birth injury, the parents may have the right to file a lawsuit for damages. The state follows the general principles of medical malpractice law, which require proving that a healthcare provider owed a duty of care, breached that duty by not adhering to the accepted standard of care, and caused harm to the baby as a result. It is important to note that there are specific time limits, known as statutes of limitations, for filing such claims. In Rhode Island, the statute of limitations for medical malpractice claims is generally three years from the date the injury was discovered or should have been discovered, but there are exceptions for minors. Parents considering legal action for a birth injury should consult with an attorney to understand their rights and the relevant time frames for pursuing a claim.