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 Washington State, birth injuries are recognized as physical impairments that occur to a baby during the process of labor and delivery. These injuries can range from minor to severe and are distinct from congenital defects, which are present before birth. While not all birth injuries are due to medical negligence, some may result from substandard care. In such cases, Washington law allows for medical malpractice claims to be filed. Under RCW 4.16.350, the statute of limitations for medical malpractice claims is generally three years from the act or omission alleged to have caused the injury or one year after the injury is discovered, whichever is later, but not more than eight years after the act or omission. To prove medical malpractice, the plaintiff must demonstrate that the healthcare provider failed to follow the standard of care, which directly caused the injury. 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 legal process involved in seeking compensation.