Lansing Birth Injury Lawyer

Cerebral palsy often results when doctors fail to respond quickly enough to signs of fetal distress, cutting off oxygen to the baby’s brain. This brain injury affects movement, muscle tone, and posture. Children with cerebral palsy may need a lifetime of physical therapy, assistive devices, specialized schooling, and sometimes multiple surgeries. We work with neurologists and birth injury experts to prove that proper monitoring and timely intervention would have prevented your child’s cerebral palsy.

Erb’s palsy happens when the network of nerves controlling the arm and hand (brachial plexus) is damaged during a difficult delivery. This often occurs when a doctor pulls too hard on a baby’s head during shoulder dystocia or uses excessive force with forceps or vacuum extractors. Children with Erb’s palsy may have a weak or paralyzed arm that affects them throughout their lives. Many cases require nerve surgery, physical therapy, and occupational therapy. Our attorneys investigate whether proper techniques could have prevented this nerve damage.

When a baby doesn’t get enough oxygen before, during, or immediately after birth, brain cells die within minutes. This birth trauma can cause hypoxic-ischemic encephalopathy (HIE), resulting in seizures, developmental delays, intellectual disabilities, or even death. Doctors must monitor for signs of oxygen deprivation and act immediately when they appear. We hold medical providers accountable when they miss these critical warning signs.

Improper use of forceps or vacuum extractors during delivery can fracture a baby’s skull or cause bleeding inside the skull. These injuries can lead to permanent brain damage, seizure disorders, or cognitive impairments. Our birth injury attorneys in Lansing examine delivery room records to determine whether assistive devices were used appropriately and whether a C-section should have been performed instead.

When healthcare providers fail to diagnose or treat maternal infections like chorioamnionitis or Group B streptococcus, the infection can spread to the baby, causing brain damage, sepsis, or meningitis. Proper prenatal screening and antibiotic treatment can prevent these devastating outcomes. We investigate whether your medical team followed infection control protocols.

Babies can suffer broken collarbones, femurs, or other bones during difficult deliveries, especially with shoulder dystocia or breech presentation. While some fractures heal without lasting effects, others indicate that a doctor used excessive force or should have performed a C-section earlier. We evaluate whether your child’s fracture resulted from negligence.

One of the most common forms of birth injury negligence involves waiting too long to perform a cesarean section when warning signs indicate the baby is in distress. Every minute matters when a baby isn’t getting enough oxygen or is experiencing trauma during labor. We work with obstetric experts to determine whether earlier intervention would have prevented your child’s injury.

We meet with you to understand what happened during your pregnancy and delivery. Bring any medical records, birth plans, or notes you have. We listen to your story without judgment and help you understand whether you may have a valid claim. This consultation costs nothing and creates no obligation.

We obtain complete records from your prenatal care, labor, delivery, and your baby’s treatment. This includes fetal monitoring strips, nursing notes, physician orders, medication records, and postnatal care documentation. Our team knows exactly what to look for in these technical documents.

We work with obstetricians, neurologists, neonatologists, and other specialists who review your case and determine whether negligence caused your child’s injuries. These experts provide written opinions and testify if your case goes to trial. Michigan law requires expert testimony in most medical malpractice cases, including birth injury claims.

Beyond medical records, we interview witnesses, research your healthcare providers’ histories, and gather evidence about hospital policies and procedures. We examine whether the facility had appropriate equipment and staffing levels. We investigate similar incidents at the same facility.

We prepare and file all necessary legal documents with the Ingham County Circuit Court or other appropriate venue. Michigan’s notice requirements demand that we serve specific documents on healthcare providers before filing suit. We handle every technical requirement and deadline.

Most birth injury cases settle before trial, but we prepare every case as if it will go before a jury. We negotiate aggressively with insurance companies who often undervalue these claims. If they won’t offer fair compensation, we’re ready to present your case to a jury. Past results do not guarantee a similar outcome. Every case is unique and depends on specific facts and legal circumstances.

When we recover compensation, we help you establish special needs trusts, connect you with financial planners experienced in managing settlements for disabled children, and ensure your child’s medical care continues uninterrupted. Your settlement must last a lifetime—we help protect it.

These cover your child’s measurable financial losses: past and future medical expenses (surgeries, therapy, medications, assistive devices), custodial care costs, special education expenses, home modifications for accessibility, lost future earning capacity, and rehabilitation costs. Birth injury cases often involve millions of dollars in lifetime medical expenses. We work with life care planners and economists who calculate these costs precisely.

These compensate for intangible losses: your child’s pain and suffering, loss of normal life experiences, emotional trauma, and diminished quality of life. Michigan law caps non-economic damages in medical malpractice cases at $586,300 (adjusted annually for inflation) for most cases. However, if your child suffered particularly severe injuries, such as, catastrophic brain damage, permanent loss of vital bodily functions, or permanent cognitive impairment, the cap increases to $1,047,000. Our attorneys build cases that demonstrate why higher caps should apply.

Michigan law recognizes that parents suffer their own damages in birth injury cases. You may recover compensation for your own emotional distress, loss of your child’s companionship and society, and your out-of-pocket expenses. These damages are separate from your child’s claim.

Unlike non-economic damages, Michigan places no limit on economic damages. This means if your child needs $10 million in lifetime care, you can recover that full amount. This is why accurate calculation of future expenses is critical.

If birth complications or delivery injuries caused your baby’s death, you may have a wrongful death claim. Michigan law provides specific damages for parents who lose a child, including funeral expenses, loss of the child’s society and companionship, and the parents’ mental anguish.

Unlike some states, Michigan doesn’t allow punitive damages in medical malpractice cases. Compensation is limited to actual damages, both economic and non-economic.

Michigan law generally requires that medical malpractice lawsuits be filed within two years from when the malpractice occurred or within six months of discovering the injury, whichever is later. However, birth injury cases have special rules. For injuries occurring before age 8, the action must be brought by the child’s 10th birthday under MCL 600.5851(7). For injuries occurring at age 8 or later, the child has until their 19th birthday to file suit.

Despite these extensions, don’t wait. Evidence disappears, witnesses move away, and medical records get destroyed. The sooner you contact a birth injury lawyer in Lansing, the better we can preserve critical evidence.

Before filing a medical malpractice lawsuit in Michigan, you must serve a Notice of Intent (NOI) on each healthcare provider you intend to sue. This notice must include detailed information about the claimed negligence and must be accompanied by an affidavit of merit from a qualified medical expert. The defendants then have 182 days to investigate and potentially settle before you can file suit under MCL 600.2912b(1). These technical requirements mean you need an attorney immediately, not when you’re ready to file.

Michigan law requires that your attorney file an affidavit from a qualified medical expert stating that they’ve reviewed your case and believe the standard of care was breached. This expert must practice in the same specialty as the defendant and be familiar with the applicable standard of care. This requirement is why birth injury cases need experienced attorneys with access to top medical experts.

Michigan hospitals and healthcare providers often ask patients to sign consent forms acknowledging risks. However, these forms don’t protect providers from negligence. Signing a consent form doesn’t waive your right to sue if a doctor falls below the standard of care. We frequently overcome informed consent defenses.

Michigan uses a modified comparative negligence system. If you’re found partially at fault for your child’s injuries, your compensation is reduced by your percentage of fault. Under MCL 600.6304, if you’re more than 50% at fault, you cannot recover non-economic damages (pain and suffering), but you can still recover economic damages (medical bills, lost wages). Birth injury defendants sometimes argue that mothers contributed to injuries by not following medical advice or by their own health conditions. We aggressively challenge these blame-the-victim tactics.

Michigan has strict rules about who can testify as an expert in medical malpractice cases. The expert must be board-certified in the same specialty as the defendant (or a related specialty), must have devoted a majority of their professional time to clinical practice or instruction in their specialty during the previous year, and must be familiar with the relevant standard of care. These requirements ensure that qualified professionals evaluate your case.

If your child is a minor, Michigan law requires court approval of any settlement. A judge must review the proposed settlement to ensure it’s in the child’s best interest. The court may require that settlement funds be placed in a restricted account or structured settlement until the child reaches 18. We guide you through this process and ensure your child’s settlement is properly protected.

Monument Legal handles birth injury cases on a contingency fee basis, which means you pay no upfront costs or hourly fees. We only get paid if we recover compensation for your family.

If we don’t win, you owe us nothing. We also advance all case expenses, including expert witness fees, medical record costs, and court filing fees. These expenses are reimbursed from your settlement only if we win. This fee structure allows families of all economic backgrounds to access top legal representation.

Michigan’s statute of limitations for medical malpractice is generally two years from the date of the negligent act or six months from discovery of the injury, whichever is later. For children, special rules apply under MCL 600.5851(7): for injuries occurring before age 8, the action must be brought by the child’s 10th birthday.

For injuries occurring at age 8 or later, children have until age 19 to file. However, waiting is dangerous. Medical records can be destroyed after a certain period, witnesses’ memories fade, and defendants have less incentive to settle old claims.

Contact a birth injury attorney in Lansing as soon as you suspect medical negligence, even if your child’s injuries won’t fully manifest for months or years.

Case value depends on many factors: the severity and permanence of your child’s injuries, the cost of lifetime medical care and therapy, whether your child can work as an adult, the degree of pain and suffering, the strength of evidence proving negligence, and Michigan’s damage caps.

Cases involving catastrophic brain injuries, cerebral palsy, or permanent disability typically result in multi-million dollar settlements or verdicts. Cases with less severe injuries may settle for hundreds of thousands of dollars. We can’t predict your specific case value without reviewing your medical records and consulting with experts.

Call us for a free case evaluation where we can discuss realistic expectations. Past results do not guarantee a similar outcome. Every case is unique and depends on specific facts and legal circumstances.

Yes. Birth injury cases are the most complex type of personal injury claim, requiring extensive medical knowledge, expensive expert witnesses, and hundreds of hours of preparation. \Michigan law requires an expert affidavit just to file suit. Hospitals and doctors have experienced defense attorneys and millions in insurance coverage. Without experienced legal representation, you’ll be overwhelmed by technical medical concepts, procedural requirements, and aggressive defense tactics.

Insurance companies routinely lowball unrepresented families, sometimes offering 10-20% of true case value. More importantly, if you miss a deadline or fail to meet Michigan’s technical requirements, you lose your right to recover anything. Our attorneys level the playing field and maximize your compensation.

Most birth injury cases in Michigan take 18 months to 3 years from the time you hire an attorney until resolution. Several factors affect timing: the complexity of medical issues, the number of defendants, the severity of injuries, whether both sides’ experts agree negligence occurred, the court’s docket, and whether the case settles or goes to trial.

The required 182-day Notice of Intent period alone means you can’t even file a lawsuit for at least six months after serving notice. While this timeline may seem long, remember that birth injury cases require thorough preparation. We’d rather take the time necessary to build an ironclad case and recover full compensation than rush to a disappointing settlement.

Michigan uses a modified comparative negligence rule. If you’re partially at fault, your compensation is reduced by your percentage of fault.

Under MCL 600.6304, if you’re more than 50% at fault, you cannot recover non-economic damages (pain and suffering), but you can still recover economic damages (medical bills, lost wages). That said, birth injury defendants often try to blame mothers for complications that were actually caused by medical negligence.

Common unfair blame tactics include claiming you didn’t follow prenatal care instructions, arguing your weight or health conditions caused the injury, or suggesting you delayed coming to the hospital.

We aggressively challenge these defenses and work with experts who explain why the medical team’s actions, not yours, caused your child’s harm. Even if you had risk factors, doctors must provide appropriate care for high-risk pregnancies.

Yes, you may still have a case. Doctors and hospitals often claim that injuries were “unavoidable” or due to “complications of labor” when they were actually caused by negligence.

Just because a birth injury is a known risk doesn’t mean it was unavoidable in your specific case. Our attorneys have independent medical experts review your records to determine whether proper monitoring, timely intervention, or better decision-making could have prevented your child’s injury.

Many “unavoidable” injuries were actually preventable with appropriate care. Don’t let a doctor’s explanation discourage you from seeking a second opinion from qualified legal and medical professionals.

Many birth injuries aren’t diagnosed immediately. Brain damage from oxygen deprivation may not become apparent until developmental milestones are missed months or even years after birth.

Cognitive impairments may not be recognized until school age. Under Michigan’s discovery rule, the statute of limitations doesn’t begin until you knew or should have known about the injury and its connection to medical negligence. However, for injuries occurring before age 8, claims must still be filed by the child’s 10th birthday under MCL 600.5851(7), regardless of when the injury was discovered. Early consultation with a birth injury lawyer in Lansing helps preserve evidence and witness testimony.

If you suspect your child’s developmental delays or disabilities may be related to birth complications, contact us for a case evaluation.

Negligence means the healthcare provider failed to meet the accepted standard of care that a reasonably competent provider would have met under similar circumstances.

Common signs of birth injury negligence include: fetal heart rate abnormalities that were ignored or improperly interpreted, delayed C-section when emergency surgery was clearly needed, improper use of forceps or vacuum extractors, failure to diagnose or treat maternal infections, medication errors during labor, inadequate prenatal care or testing, and failure to respond to signs of fetal distress.

If you’re unsure whether negligence occurred, Monument Legal offers free case evaluations where we review what happened and consult with medical experts who can identify substandard care.

Filing a birth injury lawsuit serves several important purposes beyond compensation. Financially, it provides resources your child needs for lifelong medical care, therapy, assistive devices, and specialized education that insurance won’t cover. It ensures your family isn’t bankrupted by medical expenses.

Emotionally, it gives you accountability and validation that what happened wasn’t your fault. Systematically, it forces hospitals and providers to examine their procedures and protocols, potentially preventing future injuries to other babies.

While a lawsuit can’t undo your child’s injury, it can secure their future and create positive change. Many clients report that pursuing legal action gave them a sense of purpose and control during an otherwise helpless time.