Top 5 Questions Parents Should Ask Michigan Birth Injury Lawyers
Legally Reviewed and Edited by: Terry Cochran
When a birth injury occurs, parents are left with overwhelming concerns about their child’s future and legal options. In Michigan, birth injury cases are classified under medical malpractice law, requiring adherence to specific legal procedures and statutes of limitations.
Choosing the right birth injury lawyer Michigan is crucial for pursuing compensation for medical expenses, ongoing care, and other damages. At Cochran, Kroll & Associates, P.C., we understand the pressure this process creates for families.
Schedule a free, confidential consultation with us today to discuss your case and learn how together we can pursue the compensation your newborn deserves.
Understanding Birth Injury Cases in Michigan
A birth injury refers to physical harm sustained by a newborn during the process of labor and delivery. Injuries can range from minor bruises to severe neurological damage.
Common causes include prolonged labor, the use of assistive devices, like forceps or vacuum extractors, and complications such as abnormal fetal positioning.
Common Birth Injuries
In the United States, approximately 7 out of every 1,000 live births involve some form of injury to the child. These injuries account for about 20% of neonatal deaths annually, making them the fourth leading cause of infant mortality.
While some birth injuries are difficult to avoid, others result from medical negligence, where healthcare providers fail to adhere to established standards of care. Understanding common birth injuries and their potential causes can help parents recognize when medical errors may have occurred.
Brachial plexus injuries (Erb’s Palsy)
Damage to the network of nerves controlling the arm and hand leads to weakness or paralysis.
Potential causes: Excessive pulling on the infant’s head or neck during delivery, especially in cases of shoulder dystocia.
Cerebral Palsy
A group of disorders affecting movement and muscle tone, often due to a brain injury.
Potential causes: Oxygen deprivation (hypoxia) during birth which may result from delayed delivery or failure to monitor fetal distress.
Fractures
Breaks in the newborn’s bones, commonly the clavicle (collarbone).
Potential causes: Improper use of delivery instruments or excessive force during extraction.
Cephalohematoma
Accumulation of blood between the skull and periosteum, presenting as a raised bump on the head.
Potential causes: Use of vacuum extractors during delivery, leading to blood vessel rupture.
Facial nerve injuries
Damage to the nerves controlling facial muscles results in partial facial paralysis.
Potential causes: Pressure on the infant’s face during forceps-assisted delivery.
Why Hire an Attorney for Your Child’s Case?
In Michigan, a birth injury case involves pursuing compensation when it’s believed that medical negligence contributed to the infant’s injury. This requires establishing that healthcare providers had acted outside the accepted standard of care during childbirth, directly resulting in harm to the newborn.
To substantiate these claims, the plaintiff must demonstrate:
- Duty. The medical professional owed a duty of care to the patient.
- Breach. There was a deviation from the duty of care.
- Causation. This breach directly caused the injury.
- Damages. The injury led to specific damages.
Birth injury claims are among the most challenging medical malpractice cases to litigate. Several factors make finding a medical malpractice lawyer for birth injuries essential.
- Complex medical evidence. Proving medical negligence requires an in-depth understanding of obstetric care, fetal monitoring, and medical procedures. Attorneys work with medical experts to analyze records and determine whether malpractice occurred.
- Expert testimony requirements. Under Michigan law, plaintiffs must submit an Affidavit of Merit, a sworn statement from a qualified medical professional confirming that malpractice likely occurred. Expert witnesses are often required to testify about how the provider’s actions fell below the standard of care.
- Negotiating with insurance companies. Healthcare providers and hospitals use legal teams to minimize liability. An experienced birth injury lawyer Michigan works to ensure families receive fair compensation for medical expenses, future care costs, and pain and suffering.
Given these complexities, working with an attorney increases the likelihood of securing the financial resources necessary to support a child’s long-term care.
Top 5 Questions To Ask Potential Attorneys
When filing a birth injury lawsuit in Michigan, finding an attorney with the right experience and qualifications should be your priority. To make sure you choose the best lawyer for your child’s case, consider asking potential attorneys the following key questions in your complimentary consultation:
1. What Experience Do You Have With Michigan Birth Injury Cases?
When your child suffers a birth injury, you’re left asking painful questions. Was this preventable? Will my child need lifelong care? How will we afford medical treatments?
During such a difficult time, choosing the right attorney means finding someone with legal experience and a genuine understanding of what you’re going through.
An experienced lawyer who deals with these cases will know how to gather medical records, work with expert witnesses, and build a compelling case.
When speaking with one, ask about their experiences with birth injury cases, specifically in Michigan. They should be able to explain:
- The number of birth injury cases they have handled.
- The kinds of settlements or verdicts they have secured.
- Their approach to working with medical experts and understanding complex medical evidence.
2. How Will You Prove Medical Negligence in My Child’s Case?
For many parents, discovering that their child’s birth injury may have been preventable is heartbreaking. Medical complications can arise naturally, but some birth injuries result from negligence, such as failures in monitoring, delayed interventions, or improper use of tools. However, proving medical negligence is not easy.
Birth injury cases rely on extensive medical evidence, expert testimony, and a clear legal strategy.
When speaking to an attorney, ask how they approach gathering evidence and whether they have access to respected medical experts who can testify on their behalf. Attorneys who work closely with medical professionals understand the nuances of birth injury cases, like hypoxia, fetal monitoring, or improper use of equipment.
Attorneys should also have a clear process for building a case and proving negligence. It will typically follow these steps.
- Obtain medical records. This includes fetal monitoring data, labor and delivery notes, and any documentation of complications or interventions.
- Consult medical experts. A qualified physician reviews the case to determine if the standard of care was violated.
- File an Affidavit of Merit. Under Michigan law, a lawsuit cannot proceed without a sworn statement from a medical expert affirming that malpractice likely occurred.
- Identify liable parties. The attorney determines whether the doctor, nurses, hospital or another healthcare provider bears responsibility.
- Gather additional evidence. Witness statements, hospital protocols, and past malpractice claims against the provider may help establish negligence.
- Negotiate or litigate. Many birth injury claims are resolved through settlements, but the case may go to trial if necessary to secure compensation.
3. What Compensation Can We Seek for Our Child’s Injury?
Parents of an injured child are often left facing long-term medical expenses, rehabilitation costs, and emotional distress, all while trying to make sure their child receives the best possible care. A legal claim cannot undo the harm but may provide the financial support necessary to cover current and future medical needs.
In a Michigan birth injury case, compensation can cover the following:
- Medical expenses (past, present, and future)
- Ongoing therapy and rehabilitation
- Assistive devices and home modifications
- Pain and suffering (emotional and physical)
- Lost earning capacity
- Caregiver costs
Michigan law caps non-economic damages (such as pain and suffering) in medical malpractice cases. As of January 2025, the higher cap is $1,047,000, and the low cap is $586,300, depending on the injury severity. However, there is no cap on economic damages, meaning families can recover the full cost of medical expenses, lost wages, and long-term care.
When speaking with an attorney, ask how they evaluate damages and whether they have experience securing settlements and trial verdicts in birth injury cases.
At Cochran, Kroll & Associates, P.C., our team has a strong track record of recovering damages in birth injury cases, including compensation of $15.8 million for a Michigan family.
4. What Are the Legal Deadlines for Filing a Birth Injury Claim in Michigan?
Michigan law sets specific time limits for medical malpractice claims, with general malpractice claims adhering to a two-year deadline from the date of the medical error.
Birth injuries are an exception. For birth-related medical malpractice, parents can file a lawsuit at any point until the child’s 10th birthday, extending beyond the two-year deadline.
Families dealing with a birth injury often focus on their child’s immediate needs, but it’s crucial to be aware of the legal deadlines. Missing them could mean losing the right to seek compensation.
5. How Will Legal Fees and Costs Be Handled?
Many families hesitate to pursue a birth injury claim because they worry about the costs after researching a “Birth injury lawyer near me.” However, at Cochran, Kroll & Associates, P.C., we work on a contingency fee basis, meaning the attorney will only be paid a fee if a recovery is made.
When speaking with an attorney, ask:
- Do you work on contingency, and what percentage do you take from a settlement of verdict?
- Are there any costs I would be responsible for if my case is unsuccessful?
- What case-related expenses will be deducted from my compensation?
A qualified attorney should be open and honest about their fee structure, explaining exactly what costs will be covered, when payments are required, and how expenses are handled in different case outcomes.
Why Choose Cochran, Kroll, & Associates, P.C.?
At Cochran, Kroll & Associates, P.C., our senior partner and lead trial lawyer, Eileen E. Kroll, brings a unique combination of legal expertise and medical knowledge to our medical malpractice team.
As a registered nurse and attorney, Eileen specializes in birth trauma litigation, handling all aspects of medical malpractice cases, including emergency medicine, critical care medicine, general surgery, and other negligence cases. Her track record includes recovering a $9 million settlement for a child who suffered a brain injury at birth.
Bringing your newborn home should be a time of joy, not uncertainty and distress. When a preventable birth injury occurs due to negligence, families deserve answers and legal support to get the resources their child may need for a lifetime of care.
At Cochran, Kroll & Associates, P.C., we advocate for families impacted by birth injuries. Our attorneys meticulously review medical records, expert testimony, and hospital protocols to build a strong case on our behalf.
If your child suffered a birth injury, contact us for a free consultation, and let us help you seek justice.
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.
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.
