- June 26, 2025
When a healthcare provider’s mistake causes a permanent injury to a newborn, families are left confused, heartbroken, and facing an uncertain future. If your child was harmed during the birthing process, there are legal options after a birth injury in Michigan.
This guide will walk you through the information you need to make informed decisions for your child and family.
What Qualifies as a Birth Injury?
A birth injury is harm to a baby that occurs before, during, or just after delivery. It is different from a birth defect. Birth defects often develop because of genetic or environmental factors while the baby is in the womb.
A birth injury, however, is typically caused by medical negligence or a mistake made by a doctor, nurse, or hospital staff. These injuries are frequently preventable if medical professionals follow the accepted standard of care.
This standard of care is the level of professional conduct that a reasonably skilled healthcare provider would offer in a similar situation. When a medical professional’s actions fall below this standard and cause harm, it can be considered medical malpractice.
These mistakes can happen at any point, from failing to monitor the baby’s heart rate during labor to improperly using delivery tools like forceps or a vacuum extractor. The resulting injuries can range from mild and temporary to severe and life-altering.
Some common types of birth injuries resulting from medical errors include:
- Cerebral Palsy: A group of disorders affecting movement, muscle tone, and posture. It is often caused by a lack of oxygen to the brain (asphyxia) during a difficult delivery.
- Brachial Plexus Injuries (Erb's Palsy): Damage to the nerves that control the arm and hand. This often happens when the baby’s shoulder gets stuck during delivery, causing the nerves in the neck to be stretched or torn.
- Hypoxic-Ischemic Encephalopathy (HIE): Brain damage that occurs when the brain does not receive enough oxygen or blood flow for some time.
- Bone Fractures: Fractures to the clavicle (collarbone) or other bones can occur during a complicated delivery, especially if excessive force is used.
- Facial Paralysis: Pressure on the baby's face during labor or from the use of forceps can injure a facial nerve, leading to paralysis.
Identifying Medical Negligence in Childbirth
For a birth injury case to be successful, you must show that the injury directly resulted from medical negligence. A difficult birth or an unfortunate outcome does not automatically mean malpractice occurred.
The key is to prove that a healthcare provider made a mistake they should not have made and that this specific mistake caused your child's injury. This requires a careful review of medical records and clearly demonstrates a breach in the standard of care.
Determining negligence involves looking for specific actions or inactions. For example, did the medical team respond appropriately to signs of fetal distress? Did they perform a C-section promptly when it became necessary?
These questions help to establish whether the medical care provided was adequate. Proving this connection between a specific error and the injury is the foundation of a birth injury claim.
Failures During Labor and Delivery
Mistakes made in the delivery room are a common source of birth injuries. The medical team monitors both mother and baby and reacts swiftly to any problems.
- Failure to detect and respond to signs of fetal distress, such as changes in heart rate.
- Improper use of forceps or a vacuum extractor, causing skull fractures or nerve damage.
- Delaying a necessary Cesarean section (C-section), leading to oxygen deprivation.
Errors in Prenatal Care
Negligence can also happen long before the mother arrives for delivery. Obstetricians must monitor a pregnancy and identify potential risks.
- Failure to diagnose and treat maternal conditions like preeclampsia or gestational diabetes.
- Misinterpreting ultrasound results or other prenatal tests.
- Failure to identify a high-risk pregnancy that requires special management.
Mistakes After Birth
The care a newborn receives immediately after delivery is also critical. A baby’s condition can change rapidly, and the medical team must be prepared to intervene.
- Failure to resuscitate a newborn who is not breathing properly.
- Failure to diagnose and treat conditions like severe jaundice, which can lead to brain damage (kernicterus).
- Errors in medication administration in the neonatal intensive care unit (NICU).
The Steps in a Michigan Birth Injury Lawsuit
Filing a lawsuit is highly complex, especially when focused on caring for your child. However, the legal system provides a structured path for families to seek justice and financial support.
Each step is designed to gather information, establish facts, and work toward a resolution. While every case is unique, a Michigan birth injury claim generally follows a predictable series of stages.
Realizing that most medical malpractice cases are resolved through a settlement before they ever reach a courtroom is helpful. A settlement is a negotiated agreement between your family and the healthcare provider’s insurance company.
A trial only becomes necessary if a fair settlement cannot be reached. An attorney handles these procedural steps so you can concentrate on your family’s well-being.
Here are the typical steps involved in the process:
- Initial Consultation and Case Review: Your journey begins by speaking with a personal injury lawyer. You will share your story, and the legal team will gather all relevant medical records for your child and the mother. These records are then reviewed to determine if the standard of care was breached.
- Filing a Notice of Intent: In Michigan, before you can file a lawsuit, you must first send a formal "Notice of Intent to File Suit" to all the healthcare providers you intend to sue. This notice describes the claim and the injuries.
- The Waiting Period: After the Notice of Intent is sent, there is a mandatory waiting period of 182 days. During this time, the healthcare provider’s insurance company will conduct its own investigation. This period is often used to begin settlement discussions.
- Filing the Complaint: If the case is not resolved during the waiting period, your attorney will file a formal lawsuit, known as a "complaint," with the court. This document officially begins the legal action. It must be filed with an "Affidavit of Merit," a sworn statement from a qualified medical professional confirming that your case has merit.
- The Discovery Phase: This is the evidence-gathering stage of the lawsuit. Both sides exchange information, documents, and witness lists. Your attorney may take depositions, which are formal, recorded interviews of the doctors, nurses, and other parties involved.
- Negotiation and Settlement: With the evidence collected, serious settlement negotiations often take place. Your attorney will advocate for a settlement that fully addresses your child’s current and future needs.
- Trial: If a fair settlement cannot be agreed upon, the case will proceed to trial. At trial, both sides will present their evidence to a judge and jury, who will then decide the outcome of the case.
Pursuing Compensation for Your Child's Future
The purpose of a birth injury lawsuit is to secure the financial resources necessary to provide your child with the best possible quality of life. A child with a serious birth injury may need a lifetime of medical treatments, therapies, and special assistance.
The financial award, or settlement, is calculated to cover these extensive costs so that your family is not burdened with them alone. This compensation ensures your child has access to everything they need to thrive.
The financial needs can be immense. They may include ongoing physical, occupational, and speech therapy, doctor visits, hospital stays, prescription medications, and surgeries.
In many cases, a child may need assistive devices like wheelchairs or braces, and your home may need modifications like ramps or accessible bathrooms. A lawsuit seeks to cover all of these needs, both those you have already incurred and those your child will have for the rest of their life.
Compensation in a birth injury case is divided into different categories of damages, including:
- Medical Expenses: This covers all past, current, and future medical bills, including costs for therapy, medication, surgery, and doctor appointments.
- Lost Earning Capacity: If the injury will prevent your child from being able to work and earn an income as an adult, compensation can be awarded for this future lost income.
- Assistive Devices and Home Modifications: This includes the cost of wheelchairs, communication devices, specialized vehicles, and modifications to your home to make it accessible.
- Special Education Needs: Compensation can cover the costs of tutors, specialized schools, and other educational resources your child may need.
- Pain and Suffering: This compensates for the physical pain, emotional distress, and loss of enjoyment of life that your child has and will endure because of the injury.
Michigan's Statute of Limitations for Birth Injuries
Every state has laws that set deadlines for filing a lawsuit. These laws are called statutes of limitations. You may lose your right to file a claim if you miss the deadline.
In Michigan, the rules for medical malpractice cases, including birth injuries, are quite specific and can be complicated, especially when the victim is a child.
It is very important to act quickly to protect your legal rights.
The general statute of limitations for medical malpractice in Michigan is two years from the date of the negligent act. However, for a minor child, the rules are different.
A lawsuit on behalf of a child who was injured at birth can generally be filed at any time before the child's 10th birthday. While this seems like a long time, it is always better to take action sooner rather than later.
Evidence can be lost, memories can fade, and a prompt investigation is always best. Knowing the correct deadline for your specific situation is very important.
- You must investigate the potential claim promptly.
- You must file a Notice of Intent before the deadline.
- Consulting with a legal professional early can ensure all deadlines are met.
Caring for a child with a birth injury presents daily challenges. You are focused on giving them love, support, and the best care possible. You should also not have to carry the financial weight of a medical professional's mistake.
Learning about your legal options is the first step toward securing your child’s future.
Speak with a Knowledgeable Attorney Now
If your family is facing this difficult situation, you may have many questions. The attorneys at Goodman Acker P.C. are here to listen to your story and provide clear, straightforward answers. For a free and confidential conversation about your case, you can call (248) 831-1507.