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 Wyoming, as in other states, 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. Wyoming follows general medical malpractice laws when dealing with birth injuries. If a birth injury is suspected to be due to medical negligence, the affected parties may have the right to file a lawsuit. Under Wyoming law, medical malpractice claims must be filed within two years of the injury or within two years of when the injury was discovered or reasonably should have been discovered. However, there is a cap on non-economic damages in medical malpractice cases, which includes compensation for pain and suffering. It's important for parents or guardians to consult with an attorney who specializes in medical malpractice to understand their rights and the complexities involved in proving negligence in birth injury cases. An attorney can help determine whether the standard of care was breached during delivery and whether that breach resulted in the birth injury.