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 Utah, birth injuries are recognized as distinct from birth defects and can result from a variety of factors during labor and delivery. While not all birth injuries are due to medical negligence, some may be the result of improper medical care. Utah law allows for legal action in cases where a birth injury is believed to be the result of medical malpractice. To establish a medical malpractice claim in Utah, the plaintiff must prove that the healthcare provider deviated from the standard of care that a reasonably prudent healthcare provider would have exercised under similar circumstances, and that this deviation caused the injury. Utah Code Ann. § 78B-3-403 requires that a plaintiff provide a 'prelitigation panel' with an affidavit of merit from a healthcare provider who practices in the same specialty as the defendant, stating that the defendant's actions fell below the standard of care. The statute of limitations for filing a medical malpractice claim in Utah is generally two years from the date of the injury or one year from the date the injury was or should have been discovered, but no more than four years from the date of the alleged act or omission, as per Utah Code Ann. § 78B-3-404. However, there are exceptions for minors under Utah Code Ann. § 78B-3-410, which may extend the time for filing a claim. It is important for individuals who believe their child has suffered a birth injury due to medical malpractice to consult with an attorney to understand their rights and the applicable time limits for taking legal action.