Birth Injury and Medical Malpractice Lawyers: USA Trusted Experts

Legally Reviewed and Edited by: Terry Cochran

Medical malpractice is a serious problem nationwide. In 2016, BMJ identified it as the third leading cause of death in the United States. According to the National Practitioner Data Bank (NPDB), there were 11,526 confirmed medical malpractice payment reports in 2023.

Among the most devastating consequences of malpractice are birth injuries, which can lead to conditions such as Erb’s palsy, cerebral palsy, and encephalopathy. In the U.S., approximately 7 in 1,000 babies are affected by birth injuries, which account for 20% of the 20,000 infant fatalities each year.

If you or a loved one has gone through the pain of medical malpractice or a birth injury, you have the right to hold negligent caregivers accountable.

Get representation from top medical malpractice attorneys in Michigan at Cochran, Kroll & Associates, P.C. We have expertise and resources to help you build your medical malpractice case, prove standards of care were breached, and secure the highest possible compensation.

What Is Medical Malpractice?

All healthcare providers, including nurses, doctors, and medical specialists, must uphold a minimum standard of care for every patient. Medical malpractice occurs when these standards are breached, resulting in patient harm or injury.

There are several types of medical malpractice cases, including:

• Misdiagnosis or delayed diagnosis. When a condition is incorrectly diagnosed or detected too late, it can lead to improper treatment or a lack of timely care.
• Surgical errors. Operating on the wrong site, damaging organs, leaving instruments inside the patient, or performing unnecessary procedures.
• Medication errors. Prescribing the wrong medication or dosage, administering drugs incorrectly, or failing to recognize harmful interactions.
• Anesthesia malpractice. Incorrect use or dosage of anesthesia, potentially causing extreme pain, brain damage, or even death.
• Failure or denial of care. When a provider refuses or neglects to offer necessary treatment, it can worsen medical conditions.

What Is a Birth Injury?

Birth injuries are a form of medical malpractice that occurs when a newborn is harmed during labor and delivery due to a healthcare provider’s negligence. Careless actions, such as misusing medical equipment, failing to monitor the mother’s or infant’s health, or using improper delivery techniques, can lead to serious—even fatal—complications.

Some of the most common birth injuries and complications include:

• Broken bones
• Injuries to the brachial plexus, often resulting in Erb’s palsy
• Oxygen deprivation during delivery, which increases the risk of cerebral palsy
• Hypoxic-ischemic encephalopathy (HIE), a type of brain injury caused by oxygen deprivation during and after birth
• Intracranial bleeding
• Facial nerve injury and paralysis of facial features

What Do You Need To Prove To Win a Medical Malpractice or Birth Injury Case?

While medical malpractice and birth injury cases involve different types of harm, the legal process for proving negligence follows a similar structure.

Whether you’re pursuing a birth injury claim or filing a medical malpractice lawsuit, you must establish four key elements to link the injury to a provider’s negligence:

• A duty of care existed. You must prove there was a doctor-patient relationship, nurse-patient relationship, or a similar duty of care between the injured person and the responsible caregiver.
• A breach of duty occurred. The healthcare provider failed to meet the accepted standard of care, whether through misdiagnosis, surgical errors, medication mistakes, or other forms of negligence.
• The breach caused the injury. There must be a clear link between the provider’s negligence and the harm suffered. For example, if a child sustained birth injuries, the evidence must show that medical negligence—not an unrelated medical condition—caused them.
• The injury caused verifiable damages. You must demonstrate verifiable harm, such as medical expenses, ongoing treatments, and evidence of pain and suffering. Supporting evidence can include medical bills, prescriptions, or expert testimony on the long-term impact of the injury.

Common Challenges for Victims Seeking Compensation

The consequences of malpractice and birth injuries can be lifelong and devastating. Families and victims of birth injuries and malpractice claims are often left to deal with the devastating emotional and financial toll of medical care, therapy, and other expenses.

Although the legal elements are similar to other negligence cases, proving a medical malpractice claim while dealing with these daily stresses can be particularly challenging. Here are the main hurdles you may face:

• Complex evidence requirements. One of the biggest hurdles in medical malpractice cases is proving that a licensed healthcare provider failed to meet the standard of care or acted negligently. This requires substantial, reliable, and often technical evidence, which can be difficult to obtain or interpret without legal and medical expertise.
  Medical experts or specialized witnesses are often needed to analyze records, provide testimony, and explain complex medical details. A skilled malpractice attorney can help gather and present this evidence.

• Severity of the injuries and calculating damages. Medical malpractice and birth injuries often result in severe, lifelong consequences. Estimating the actual cost of damages, including medical expenses, lost future earnings, and long-term care, can be extremely complex.
  An experienced medical malpractice attorney can help calculate the full extent of your losses to ensure you seek the compensation you deserve. It’s not just about money—it’s about ensuring your child or loved one has access to the highest quality of care possible, allowing you and your family to retake control of your lives.

• Delayed discovery of harm. Many malpractice victims don’t immediately realize the extent of their injuries, making it difficult to gather evidence before the statute of limitations expires.
  For example, if you are pursuing birth injury claims in Michigan for a child under the age of 8, you must file a lawsuit before their 10th birthday. Understanding these deadlines is necessary for preserving your right to compensation.

• Defensive medicine tactics. Some caregivers practice defensive medicine, ordering unnecessary tests or procedures to minimize legal risks rather than to improve patient care. While some extra precautions are legitimate, others complicate proving negligence.
  Excessive testing can also inflate healthcare costs, placing patients under an additional financial burden. A knowledgeable medical malpractice attorney can recognize these tactics and determine whether extra procedures were necessary.

• Pressure to settle for less. Dealing with malpractice and birth injuries is stressful, and you may feel tempted to end it as soon as possible. However, insurance companies representing healthcare providers often pressure victims to settle a malpractice case or birth injury lawsuit quickly, offering lowball settlements that fail to cover long-term medical costs.
  Insurance companies often push lowball settlements that fail to cover long-term care. Our attorneys fight for the full compensation you deserve—don’t settle for less. Accepting an offer too early could leave you with insufficient compensation for future treatments, rehabilitation, or other necessary expenses.
  Instead, let an experienced medical malpractice lawyer assess settlement offers, negotiate on your behalf, and ensure you receive fair compensation for your losses. They’ll work on your behalf until you get the amount you truly need.

How a Medical Malpractice Attorney Can Help

A medical malpractice or birth injury attorney is a legal expert specializing in cases involving negligence in healthcare settings. With extensive training, experience, and knowledge, they can identify medical errors, prove liability, and advocate for victims’ rights.

These attorneys, like our senior partner, Eileen Kroll, understand the complexities of malpractice laws and regulations, making them uniquely qualified to fight for the compensation you deserve.

If you have suffered a birth injury caused by negligence, here’s how a specialized attorney can support your case:

• Evaluate the viability of your case. During a free consultation, a medical malpractice lawyer will conduct a preliminary analysis of your situation to determine whether you have a strong case.
  They will also explain your rights, legal options, potential outcomes, timelines, and any limitations affecting your claim.

• Analyze medical records and case details. If your case is viable and you decide to move forward, your attorney will conduct an in-depth review of your medical records. They have the resources to determine if a breach of the duty of care occurred, the extent of negligence, and how it affects your legal options.
• Contact medical experts. Medical malpractice and birth injury cases often require expert testimony to explain complex medical details. Your attorney will collaborate with specialists, such as obstetricians, neonatologists, and neurologists, to demonstrate how improper medical care contributed to the injury.
• Guide you through the legal processes. A lawyer will guide you through every step of the litigation process, ensuring that all paperwork is filed correctly and on time. This prevents unnecessary delays or mistakes that could affect your right to compensation.
• Advocate for maximum compensation. Your attorney will negotiate aggressively on your behalf, working with insurance companies to secure a fair settlement that covers medical expenses, lost wages, future care costs, and pain and suffering. They will ensure you are not pressured into accepting a lowball offer that fails to meet your long-term needs.
• Represent you in court. If negotiations fail, your attorney will be fully prepared to take your case to court. They will develop a strategic legal approach, present evidence before a judge or jury, and continue negotiations to achieve the best possible outcome.
• Provide emotional support and reassurance. A medical malpractice attorney provides peace of mind during a stressful time. They offer guidance, support, and reassurance, informing you about case developments and ensuring you never feel alone.

Why Consider Cochran, Kroll & Associates, P.C. to Represent You

At Cochran, Kroll & Associates, P.C., our Michigan birth injury lawyers and medical malpractice attorneys are committed to protecting the rights of malpractice victims across the state.

With a proven track record of success, our firm has secured multiple million-dollar settlements, including the largest-ever award in Michigan for a cerebral palsy case.

Experience That Sets Us Apart

Our team includes uniquely qualified legal professionals, ensuring your case is handled by experienced, dedicated advocates.

One of our senior partners, Eileen Kroll, brings a rare combination of medical and legal expertise to every case. Before becoming an attorney, Eileen worked as a registered nurse in a surgical intensive care unit, gaining firsthand insight into medical procedures, patient care, and hospital protocols.

After transitioning to law, she immediately specialized in medical malpractice cases, personally representing victims and families in hundreds of complex lawsuits.

A Reputation for Results

As a skilled lawyer and a member of the AAJ Birth Trauma Litigation Group, Eileen uses decades of experience in both law and healthcare to fight for the best possible outcomes for birth injury and malpractice victims.

Her notable case results include:

• $9 million settlement for a brain-injured man
• $3.8 million settlement for a brain-injured child

With Cochran, Kroll & Associates, P.C., you’re not just hiring a law firm—you’re gaining a dedicated team with the experience, resources, and commitment to fight for the compensation you deserve.

Contact the Medical Malpractice Attorneys at Cochran, Kroll & Associates, P.C.

If you have suffered from medical malpractice or a birth injury caused by negligence, it’s essential to act quickly.

Speak with the medical malpractice lawyers at Cochran, Kroll & Associates, P.C., for help pursuing the maximum compensation you deserve. We offer free, no-obligation case reviews to help you understand your legal options.

Our team is ready to guide you through every step of the process, ensuring you receive the support, advocacy, and compensation you need.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

FAQs:

Who can I sue in a birth injury claim?

You can sue the doctors, nurses, midwives, or other medical professionals responsible for the birth injury. In some cases, you may also have a claim against the hospital or facility. A lawyer can help you determine who is liable.

What is the statute of limitations for these cases in Michigan?

In Michigan, the statute of limitations for birth injury and medical malpractice claims is generally two years from the date of the injury or six months from the date the injury was discovered (or should have been discovered), whichever is later. However, Michigan law includes a special discovery rule for minors:

• For birth injuries, parents or guardians can typically file a claim until the child’s 10th birthday.
• If the injury resulted in wrongful death, a claim must be filed within two years from the date of death, but it must also fall within the broader medical malpractice time limits.

Because statute of limitations laws are complex and strict, consulting a Michigan birth injury attorney as soon as possible is essential.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.