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 Tennessee, birth injuries are recognized as potential medical concerns that can occur during labor and delivery. While not all birth injuries are due to medical negligence, Tennessee law allows for legal action if a birth injury is believed to be the result of medical malpractice. To establish a medical malpractice claim in Tennessee, the plaintiff must prove that the healthcare provider deviated from the recognized standard of professional practice in the community, and this deviation caused harm to the baby. The statute of limitations for filing a medical malpractice lawsuit in Tennessee is generally one year from the date the injury is discovered, but no more than three years from the date of the negligent act, with certain exceptions for minors. It is important for parents or guardians to consult with an attorney if they suspect a birth injury was caused by medical negligence to understand their rights and the specific legal remedies available.