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 Wisconsin, birth injuries are recognized as distinct from birth defects, with the former resulting from events during labor and delivery, and the latter being genetic or acquired during fetal development. Wisconsin law allows for legal action in cases where birth injuries are caused by medical negligence or malpractice. To establish medical malpractice, the plaintiff must prove that the healthcare provider deviated from the standard of care and that this deviation directly caused the injury. Factors that increase the risk of birth injuries, such as large baby size, maternal obesity, premature birth, abnormal birthing positions, difficult labor, and the use of delivery instruments, are well-known. Common birth injuries include head swelling, facial nerve injury, clavicle fractures, cranial bleeding, and nerve damage affecting the arms and hands. If parents believe a birth injury was due to medical negligence, they should consult with an attorney who specializes in medical malpractice to discuss their legal options. The statute of limitations in Wisconsin for filing a medical malpractice claim is generally three years from the date of the injury or one year from the date the injury was discovered, whichever is later, but no more than five years from the date of the act or omission. However, for minors, the time limit is extended, and actions must be commenced by the time the child reaches 10 years of age.