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 Texas, birth injuries are addressed under medical malpractice law. If a birth injury is suspected to be the result of medical negligence, the affected parties may have the right to file a lawsuit against the healthcare providers involved. Texas law requires that a claimant prove that the healthcare provider failed to meet the standard of care and that this failure directly caused the injury. The Texas Civil Practice and Remedies Code sets forth specific procedural requirements for medical malpractice claims, including a statute of limitations, which is generally two years from the date of the injury or the last date of treatment. Additionally, claimants must provide an expert report from a qualified medical expert within 120 days of filing the lawsuit, detailing the standard of care, how it was breached, and the causal relationship between the breach and the injury. It is important to note that not all birth injuries are due to medical malpractice; some may occur without any negligence. Therefore, it is crucial to consult with an attorney who specializes in medical malpractice to assess the specifics of the case and determine the appropriate legal action.
