Birth Injuries In Michigan: Can You Sue The Hospital Or Doctor?
As attorneys handling birth injury cases across Michigan, we’ve worked with many families devastated by a preventable medical mistake during labor or delivery. A birth injury not only affects your child’s physical health but also impacts your family’s emotional and financial future. Parents are often left wondering whether what happened was just a complication—or whether a doctor, nurse, or hospital made a critical mistake. In many cases, the injury could have been avoided with proper care.
Michigan law does give parents the right to sue if a birth injury was caused by medical negligence. These cases fall under Michigan’s medical malpractice statutes, which have specific rules, deadlines, and requirements. If your child was injured before, during, or shortly after birth, it’s important to understand what legal options you have and how the law applies to your situation. We help families take the necessary steps to hold the responsible parties accountable and secure financial compensation to provide for the child’s future.
Understanding What Counts As A Birth Injury In Michigan
Birth injuries can occur when a healthcare provider fails to follow the accepted standard of medical care. This includes mistakes during prenatal care, labor, delivery, or the immediate postnatal period. Common birth injuries include cerebral palsy, brachial plexus injuries (such as Erb’s palsy), hypoxic-ischemic encephalopathy (HIE), and fractures from improper use of forceps or vacuum extractors.
Under Michigan law, medical malpractice is defined as a breach of the standard of care that causes harm to a patient. According to MCL 600.2912a, to file a successful lawsuit, we must show that a medical provider failed to act with the level of care and skill that a reasonably prudent provider would have used under the same or similar circumstances—and that this failure directly caused the injury.
Who Can Be Held Legally Responsible For A Birth Injury
In a birth injury case, multiple parties may be held responsible, depending on what happened. We may file a claim against:
- The delivering physician or obstetrician
- The hospital or medical facility
- Nurses, midwives, or residents involved in the delivery
- Radiologists or specialists who failed to diagnose a complication during pregnancy
Hospitals may be held liable under a theory of vicarious liability if their staff committed negligence while acting in the scope of their employment. Under Michigan law, hospitals also have direct liability if they negligently hired, trained, or supervised their employees.
Filing A Birth Injury Lawsuit In Michigan
Michigan has a strict process for filing a birth injury claim. Before filing a lawsuit, we must serve a Notice of Intent to File a Claim (NOI) under MCL 600.2912b. This notice must be sent to each healthcare provider we intend to sue and must be served at least 182 days before filing the complaint in court. The notice must include detailed information about the claim, including the factual basis, standard of care violations, and how those violations caused the injury.
Once the waiting period has passed, we file the lawsuit with the court. Michigan also requires an affidavit of merit from a qualified medical professional under MCL 600.2912d to support the validity of the case.
How Compensation Can Help Your Family
A birth injury can lead to years—or a lifetime—of care. That includes medical treatment, physical therapy, assistive devices, home modifications, and personal support. Compensation in a Michigan birth injury case can help cover:
- Past and future medical expenses
- Physical and occupational therapy
- Long-term care and nursing support
- Lost earning capacity (when the child becomes an adult)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Michigan does place a cap on non-economic damages in medical malpractice cases. As of 2023, the standard cap is $537,900, but the cap increases to $960,500 for catastrophic injuries such as brain damage or paralysis. These caps are adjusted yearly for inflation.
Statute Of Limitations For Birth Injury Cases In Michigan
Generally, Michigan has a two-year statute of limitations for medical malpractice claims under MCL 600.5805(8). However, for injuries involving minors, the statute of limitations is extended. Parents or legal guardians must file the claim before the child’s 10th birthday under MCL 600.5851(7). Even so, we strongly encourage families to take legal action as early as possible, while records are available and memories are fresh.
Michigan Birth Injury Claim Frequently Asked Questions
Can I Sue The Hospital If My Child Was Injured During Birth?
Yes, you may be able to sue the hospital if the injury was caused by a staff member’s negligence or if the hospital failed to properly hire, supervise, or train its medical team. Hospitals can be held liable for their employees’ actions under Michigan’s medical malpractice laws.
How Do I Know If The Birth Injury Was Caused By Negligence?
Determining negligence requires a detailed review of medical records and expert analysis. We work with medical professionals who help us evaluate whether your doctor or hospital failed to meet the standard of care. If a mistake directly caused your child’s injury, you may have a valid claim.
What Is The Difference Between A Birth Defect And A Birth Injury?
A birth defect is typically a genetic or developmental condition that occurs before birth and is not usually preventable. A birth injury, on the other hand, is caused by something that went wrong during pregnancy, labor, or delivery—often due to medical error.
How Long Do I Have To File A Birth Injury Lawsuit In Michigan?
Parents generally have until the child’s 10th birthday to file a birth injury claim, but it’s important to act as soon as possible. Delays can make it harder to gather evidence and build a strong case. We recommend beginning the process as soon as you suspect a medical error occurred.
What Costs Can I Recover In A Birth Injury Lawsuit?
You may recover both economic and non-economic damages. This includes past and future medical costs, therapy, home care, and special equipment, as well as compensation for pain and suffering and diminished quality of life. In cases of severe, lifelong injury, damages can be substantial.
Do I Need A Lawyer To Handle A Birth Injury Case In Michigan?
Yes. Birth injury lawsuits are medically and legally complex. Michigan has strict rules for filing these cases, including pre-suit notices and expert affidavits. We guide families through every step and fight to get the compensation they need to care for their child.
Call Ravid & Associates, P.C. To Fight For Your Child’s Future
If your child suffered a birth injury in Michigan, don’t wait to find out if it could have been prevented. We’re here to help you find answers—and justice.
We represent families in Detroit and across Michigan from our Southfield office. Contact our Detroit birth injury attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation.
