Michigan Birth Injury Lawyers

Why Hire LegalGenius for Your Birth Injury Case? 

When you’re hiring a Michigan birth injury lawyer, you need a caring advocate who’s determined to fight for your child’s future. At LegalGenius, we believe that no parent should have to deal with this type of tragedy alone. Here’s why Michigan families turn to us when their child has suffered a preventable birth injury:  

• We Put Families First: We know this isn’t about money: it’s about making sure your child gets the best care, therapy, and support for years to come. Our team takes the time to listen, understand your concerns, and guide you with compassion. We’re here to take the stress of litigation off your shoulders so you can focus on what matters most: your child.
• We Know How to Prove Medical Negligence:  Birth injury cases require a solid understanding of medical procedures and standards of care. We work with top medical experts to investigate what happened, prove negligence, and show how your child’s injury could have been prevented.  
• We Fight for Maximum Compensation:  Caring for a child with a birth injury can be costly, with medical bills, therapy, and long-term care expenses adding up quickly. We don’t settle for lowball offers. Our team fights aggressively to secure the full compensation you need to give your child the best possible future.  
• We Have a Track Record of Success: Our firm has a history of getting real results for injured clients, and we bring that same determination to every birth injury case we take on. When you work with us, you get a team that’s fully committed to winning for you.  
• We’re Here for the Long Haul: Birth injury cases aren’t quick, and the effects of these injuries can last a lifetime. That’s why we don’t only fight for immediate compensation: we help families plan for the future. 

When your child’s future is on the line, you need a legal team that truly cares. LegalGenius is ready to stand by your side and fight for the justice you deserve. Let’s start with a conversation – because your family deserves answers and real support. 

What Parents Should Do If They Suspect a Birth Injury

If you’re worried that something went wrong during labor or delivery, and your baby is showing signs of a birth injury, you may feel overwhelmed, angry, or unsure of what to do next. You trusted your medical team to keep your child safe, and now you’re left with more questions than answers.  

The most important thing to know is this: You have the right to ask questions, demand answers, and take action if a medical mistake caused your child’s injury. Here are the critical steps to take right now.  

• Get a Second Medical Opinion: If something feels off, trust your instincts. A second opinion from a different doctor (one who wasn’t involved in your labor and delivery) can help determine if medical negligence may have played a role.  
• Request Copies of All Medical Records: Your child’s medical records are one of the most important pieces of evidence in a birth injury case. Hospitals and doctors may not openly admit a mistake, but medical records can reveal whether the doctor followed the correct medical procedures as well as details about medications, interventions, and delivery actions. 
• Write Down Everything You Remember: Even small details can be important in a birth injury case. While events are still fresh in your mind, take time to write down everything you remember about your pregnancy, labor, and delivery.  
• Watch for Symptoms of a Birth Injury: Some birth injuries show up right away, while others become more noticeable as a child grows. If your baby is experiencing symptoms like muscle stiffness, seizures, or difficulty feeding, it could be a sign of a preventable birth injury. 
• Speak With a Birth Injury Lawyer: Even if you’re not sure whether medical negligence played a role, speaking with a birth injury lawyer can provide clarity. A lawyer with experience in Michigan birth injury cases can review your child’s medical records and timeline of events, consult with medical experts to determine whether a mistake was made, and explain your legal rights and options for seeking compensation.

What Counts as a Birth Injury Under Michigan Law?

A birth injury happens when something goes wrong during pregnancy, labor, or delivery that causes harm to a newborn. Some injuries, like minor bruising or swelling, may heal on their own. But others, such as brain damage, nerve injuries, or fractures, can cause long-term health challenges. These injuries are especially heartbreaking when they were preventable.  

Under Michigan law, parents can take legal action if a birth injury happened because a medical provider failed to follow proper standards of care. This means a doctor, nurse, or hospital made an avoidable mistake or failed to take necessary precautions to protect the baby’s health. 

Common Types of Medical Negligence That Lead to Birth Injuries

Sometimes, birth injuries happen due to unpredictable complications. But when a medical provider doesn’t act quickly or makes the wrong decision, it can put the baby at serious risk. Here are some of the most common medical errors that lead to birth injuries in Michigan.

Delayed C-Section

In some cases, a C-section (cesarean delivery) is the safest option for both mother and baby. If doctors recognize warning signs early enough (such as a baby not getting enough oxygen or being in an unsafe position) they should act fast and perform a C-section.  

When they wait too long, the baby may suffer from oxygen deprivation, which can cause brain damage, seizures, or even a condition like cerebral palsy. If the delay was avoidable and resulted in harm, it may be considered medical negligence. 

Improper Use of Forceps or Vacuum Extractors

During a difficult delivery, doctors sometimes use forceps or vacuum extractors to help guide the baby through the birth canal. When used correctly, these tools can be helpful. But when they are used too forcefully, in the wrong position, or when they aren’t truly necessary, they can cause serious harm, including:  

• Nerve damage leading to conditions like Erb’s palsy (which affects movement in the baby’s arms and shoulders).  
• Skull fractures or brain injuries, which can have lifelong effects on a child’s development.  
• Severe facial injuries, which may require surgery or cause long-term issues with feeding or breathing.  

If forceps or a vacuum extractor were used improperly and your baby was injured, you may have a strong case for medical negligence. 

Failure to Monitor Fetal Distress

Throughout labor and delivery, hospitals are responsible for closely monitoring the baby’s heart rate and overall health. If the baby shows signs of distress, such as an abnormal heart rate, doctors and nurses need to act immediately.  If they miss or ignore these warning signs, the baby may suffer from oxygen deprivation, which can lead to cerebral palsy, developmental delays, or even stillbirth. A doctor’s failure to recognize fetal distress and take action could be considered negligence under Michigan law. 

Medication Errors

Doctors prescribe medications during pregnancy and labor to help with various medical conditions. But if they prescribe the wrong medication, give an incorrect dosage, or fail to consider drug interactions, it can lead to severe complications for both mother and baby.  Some common medication mistakes that can cause birth injuries include:  

• Giving a drug that causes preterm labor or birth defects.  
• Using excessive amounts of labor-inducing drugs (like Pitocin), which can lead to severe contractions and oxygen deprivation for the baby.  
• Prescribing medications that cause dangerous side effects during pregnancy, such as blood pressure drops or poor oxygen flow to the baby.  

If a medication error harmed your child, a birth injury lawyer can investigate whether the doctor, pharmacist, or hospital was responsible. 

Failure to Prevent or Treat Infections

Pregnant women can develop infections that, if left untreated, may pass to the baby and cause serious health complications. Doctors are responsible for identifying and treating infections before they cause harm. Some dangerous infections that should be managed properly include:  

• Group B Strep (GBS): A common bacterial infection that can be passed to newborns during delivery, potentially leading to sepsis, pneumonia, or meningitis.  
• Chorioamnionitis: An infection of the amniotic fluid that can cause premature birth, brain damage, and other serious issues if not properly treated.  
• Maternal UTIs or Other Infections: If left untreated, they can increase the risk of premature labor and birth complications.  

If your doctor failed to diagnose or treat an infection during pregnancy or delivery, and it resulted in a birth injury, you may have a case for medical malpractice.

How Compensation Works in Michigan Birth Injury Cases

If your child suffered a birth injury, one of your biggest concerns is likely the cost of care. Medical bills can pile up quickly, and you may be wondering how you’ll afford long-term treatments, therapy, or even daily living expenses if your child requires special care. Fortunately, Michigan law allows families to seek financial compensation for these expenses.

Medical Bills (Past, Present, and Future)

Birth injuries often result in costly medical treatments. Some conditions, like cerebral palsy or brain damage, require lifelong medical care. Compensation can help pay for:  

• Hospital stays and surgeries  
• Medications and medical procedures  
• Ongoing visits with pediatric specialists  
• Long-term medical care for permanent disabilities 

Physical Therapy and Rehabilitation

Many birth injuries affect a child’s movement, muscle control, or coordination. To improve mobility and independence, children often need years of therapy, such as:  

• Physical therapy to help with movement and strength  
• Occupational therapy to develop daily living skills  
• Speech therapy if the injury affects communication or swallowing  

These therapies are expensive, but compensation can help ensure your child gets the best possible care. 

Specialized Equipment (Like Wheelchairs or Communication Devices)

Some children with birth injuries require medical equipment to help with mobility, communication, or basic daily activities. Compensation can cover:  

• Wheelchairs, braces, and walkers  
• Adaptive communication devices for children with speech impairments  
• Home modifications, such as wheelchair ramps and accessible bathrooms

Pain and Suffering

While medical expenses are a major concern, birth injuries also cause emotional and physical pain: not just for the child, but for the entire family. Michigan law allows families to seek compensation for:  

• The physical pain and suffering the child endures due to their injury  
• Emotional distress for both the child and their parents  
• Loss of quality of life if the child’s condition prevents them from living independently or experiencing normal childhood activities  

For catastrophic injuries, such as permanent brain damage or severe physical impairments, Michigan allows higher compensation amounts. A birth injury lawyer can help determine what limits apply to your case and fight for the maximum amount your family is entitled to.  

Michigan’s Statute of Limitations for Birth Injury Cases

Michigan has a strict deadline for filing a birth injury lawsuit. Known as the statute of limitations, it determines how long you have to take legal action over your child’s injuries.

In Michigan, you generally have two years from the date of the medical error to file a claim against a doctor, hospital, or healthcare provider. If the injury isn’t immediately discovered, you have six months from the date you first learned (or should have learned) that malpractice occurred. For children, there’s an extended deadline: a lawsuit can be filed any time before the child’s 10th birthday if the injury happened at birth.

Because these deadlines are strict, it’s important to speak with a lawyer as soon as possible. Waiting too long could mean losing your right to file a birth injury claim.