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 Vermont, as in other states, birth injuries are recognized as potential medical concerns that can occur during labor and delivery. Vermont law allows for legal action in cases where birth injuries are believed to be the result of medical negligence or malpractice. To establish a medical malpractice claim in Vermont, the plaintiff must demonstrate that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused the injury. It is important to distinguish between birth injuries and birth defects, as the latter are typically not caused by the delivery process and are not grounds for a malpractice claim. Vermont has a statute of limitations for filing medical malpractice lawsuits, which generally requires that the action be brought within three years from the date the injury was or should have been discovered. However, for birth injuries, the statute of limitations may be extended, particularly when the injured party is a minor. Parents or guardians considering legal action for a birth injury should consult with an attorney who specializes in medical malpractice to discuss the specifics of their case and to ensure that any legal action is taken within the appropriate time frame.