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Birth Injury? Learn How We Can Help

Michigan Birth Injury Resources & Legal Guide

For Families Facing Possible Medical Malpractice

When a baby is injured before, during, or shortly after birth, everything changes in an instant. You’re trying to understand medical terms, get your child the right care, and figure out whether the hospital or doctors could have prevented what happened.

877-Power-Law is a Michigan-based injury firm that handles birth injury and medical malpractice cases. Our Michigan birth injury attorneys help families throughout the state get answers, secure resources, and pursue the compensation needed for a child’s lifetime of care. You can reach us at 877-769-3752 for a free consultation.

This page pulls together Michigan birth injury resources, medical and therapy options, and key information about your legal rights if malpractice was involved.

First Steps If You Suspect a Birth Injury

If you’re worried your baby’s condition may be the result of medical negligence, here are practical steps you can take right now:

  • Get and keep medical records.
    Request copies of prenatal records, labor and delivery notes, fetal monitoring strips, NICU charts, imaging studies, and discharge summaries.
  • Write down a detailed timeline.
    Note what you remember from pregnancy, labor, delivery, and the hours/days afterward—who said what, when things changed, when alarms were called, when C-section was discussed, etc.
  • Track your child’s diagnoses and milestones.
    Keep a folder or digital file with every diagnosis, therapy evaluation, and IEP/IFSP document. Developmental delays and diagnoses like cerebral palsy, Erb’s palsy, or seizure disorders can be crucial evidence.
  • Get a second opinion if needed.
    If you feel you’re not getting clear answers, consider a second opinion from a children’s hospital or pediatric specialist team.
  • Talk with our Michigan birth injury attorneys at 877-Power-Law as early as possible.
    Michigan has strict time limits and special pre-lawsuit notice rules for medical malpractice cases. A delay can cost you your rights. Our team can review what happened and help you understand your options before those deadlines run out. Call us at 877-769-3752 to get started.

877-Power-Law offers free, no-pressure consultations for birth injury cases. There is no fee unless we recover compensation. Call 877-769-3752 today to speak with our team.

Birth Injury vs. Birth Defect: Why It Matters

It’s important to understand the difference:

  • Birth defects are usually caused by genetics, chromosomal issues, or factors that are not related to a specific medical error.
  • Birth injuries typically result from something that happened during pregnancy, labor, delivery, or the newborn period—often involving preventable errors, delays, or failure to act.

Many Michigan families first hear “complication” or “unfortunate outcome.” Only later, after learning more, do they discover that:

  • There were warning signs that weren’t acted on.
  • C-section was delayed despite fetal distress.
  • Shoulder dystocia wasn’t properly managed.
  • Jaundice, infection, or low oxygen went untreated.

That’s when a birth injury case may exist, and when talking with our Michigan birth injury attorneys at 877-Power-Law can help you understand what really happened. You can reach us anytime at 877-769-3752.

Common Preventable Birth Injuries

Below are some of the major conditions often tied to preventable mistakes. This is not an exhaustive list—if your child has any serious condition you think might be linked to care around birth, it’s worth a legal review with 877-Power-Law. Call 877-769-3752 for a free case evaluation.

Cerebral Palsy (CP)

Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture. It is often linked to brain injury or lack of oxygen (hypoxia) around the time of birth.

Common types of CP:

  • Spastic cerebral palsy
    The most common type. Muscles are stiff (“hypertonic”), movements can be jerky, and different parts of the body may be affected (one side, both legs, or all four limbs).
  • Athetoid / dyskinetic cerebral palsy
    Involuntary twisting or writhing movements, problems holding an upright posture, and difficulty controlling arms, legs, or facial muscles.
  • Ataxic cerebral palsy
    Issues with balance and coordination, tremors, and difficulty with fine motor tasks like writing.
  • Mixed cerebral palsy
    A combination of the above types.

Potential causes connected to malpractice can include:

  • Unrecognized or untreated fetal distress (abnormal heart rate tracing).
  • Delayed C-section when the baby is not tolerating labor.
  • Prolonged lack of oxygen (hypoxia or asphyxia).
  • Untreated severe jaundice (leading to kernicterus).
  • Infections or complications that weren’t properly monitored or treated.

Possible signs and symptoms:

  • Abnormal muscle tone (very floppy or very stiff baby).
  • Delays holding up the head, sitting, crawling, or walking.
  • Poor coordination or unsteady walking.
  • Persistent toe-walking or “scissor” gait.
  • Abnormal reflexes or involuntary movements.
  • Difficulty with feeding or swallowing.

If your child has cerebral palsy, a full legal and medical review with our Michigan birth injury attorneys at 877-Power-Law can help identify whether it is more likely due to a preventable birth injury or non-negligent causes. Call 877-769-3752 to talk through your child’s history and options.

Erb’s Palsy / Brachial Plexus Injuries

Erb’s palsy results from injury to the brachial plexus, a network of nerves running from the spinal cord through the shoulder and down the arm. It often occurs when too much force is used to pull a baby’s head or shoulders during a difficult delivery.

How it can affect a child:

  • Weakness or paralysis of the shoulder and upper arm.
  • Limited ability to bend the elbow or move the arm.
  • Sometimes normal hand function but poor shoulder control; other times the arm hangs limp with little or no movement.

Typical medical risk factors:

  • Large baby (macrosomia).
  • Maternal diabetes.
  • Prolonged or difficult labor.
  • Shoulder dystocia (shoulder stuck behind the pubic bone).
  • Use of forceps or vacuum.

Possible negligence issues:

  • Failure to estimate fetal weight and plan appropriately.
  • Failure to offer or perform a timely C-section.
  • Failure to follow accepted maneuvers when shoulder dystocia occurs.
  • Applying excessive traction or force to the baby’s head or neck.
  • Inadequate management of maternal diabetes or other high-risk conditions.

If your child has Erb’s palsy or another brachial plexus injury, our Michigan birth injury attorneys at 877-Power-Law can investigate whether delivery errors or excessive force played a role. Call 877-769-3752 to discuss a potential claim.

Shoulder Dystocia and Related Injuries

Shoulder dystocia occurs when, after the baby’s head is delivered, one or both shoulders become stuck inside the mother’s pelvis. This is an obstetric emergency that must be handled quickly and skillfully.

Potential injuries to the baby:

  • Brachial plexus injuries (including Erb’s palsy).
  • Fractured clavicle or humerus. Fortunately, these fractures often heal well, but they can be accompanied by nerve damage.
  • Decreased oxygen if the delivery is significantly delayed and maneuvers are not properly performed.

Potential injuries to the mother:

  • Heavy blood loss (postpartum hemorrhage).
  • Severe vaginal or cervical tears.
  • Uterine rupture, especially when improper fundal pressure or instruments are used.

In many cases, shoulder dystocia itself is not malpractice—it’s how the team anticipates, responds, and manages it that determines whether there’s a legal claim, something our birth injury team at 877-Power-Law can evaluate for you. Reach us at 877-769-3752 if shoulder dystocia played a role in your child’s delivery.

Other Serious Birth Injuries

Other conditions that may be connected to preventable errors include:

  • Hypoxic-ischemic encephalopathy (HIE) – brain injury from lack of oxygen and blood flow.
  • Seizure disorders starting soon after birth.
  • Kernicterus from untreated or undertreated severe jaundice.
  • Brain bleeds or skull fractures related to forceps or vacuum deliveries.
  • Infections (like meningitis) that weren’t timely recognized and treated.

Again, the key question is whether reasonable medical care would likely have prevented the injury. Our Michigan birth injury attorneys at 877-Power-Law can help you get that answer. Call 877-769-3752 for a free review.

Michigan Medical & Therapy Resources

Children’s Hospitals and Rehab Programs

Michigan families are fortunate to have several top-tier pediatric facilities. Depending on your child’s diagnosis, you may work with specialists at:

  • Children’s Hospital of Michigan – Physical Medicine & Rehabilitation (PM&R)
    Specializes in rehabilitation and medical management of children with cerebral palsy, brain injury, spinal cord injury, developmental delay, and other complex conditions. (DMC Children’s Hospital)
  • C.S. Mott Children’s Hospital (University of Michigan Health)
    Provides pediatric physical medicine and rehabilitation to help children with physical disabilities or injuries improve function and quality of life. (University of Michigan Health)
  • Helen DeVos Children’s Hospital (Corewell Health) – Neuroscience / CP Program
    Offers a dedicated pediatric cerebral palsy program with neurologists, neurosurgeons, therapists, dietitians, and social workers, and specialized clinics for movement disorders including spastic CP. (Corewell Health)
  • Rehabilitation Institute of Michigan / Mary Free Bed affiliations
    Pediatric rehab programs in Michigan treat children from birth through young adulthood recovering from injury, illness, or developmental disability, often working closely with children’s hospitals. (DMC Rehabilitation Institute of Michigan)

You can ask your pediatrician, neurologist, or therapist for referrals and help coordinating care with these centers, and our team at 877-Power-Law can help you understand how your child’s medical needs factor into a legal claim. Call 877-769-3752 if you’d like to talk about the legal side.

Early Intervention & State Support Programs

Early, intensive services can make a huge difference for children with birth injuries. In Michigan, key programs include:

  • Early On® Michigan
    Michigan’s early intervention system for infants and toddlers (birth to age 3) with developmental delays or disabilities. Early On provides free evaluations and coordinates services like speech, physical, and occupational therapy, often in your home or community. (1800earlyon.org)
  • Children’s Special Health Care Services (CSHCS) – Michigan Department of Health and Human Services
    A state program that helps children and young adults (now generally up to age 26) with serious, chronic health conditions—including cerebral palsy and many other qualifying diagnoses—by assisting with specialty care, treatment, and related services. Eligibility is based on the child’s medical condition, not family income. (Michigan)
  • Michigan Alliance for Families
    A parent-centered resource that helps families understand early intervention, IEPs, special education rights, and services. Their guides to Early On and early intervention services can be especially helpful as your child approaches preschool age. (Michigan Alliance for Families)

These programs can work together with your medical providers and therapists to build a long-term support plan for your child. Our Michigan birth injury attorneys at 877-Power-Law can also help you seek the financial resources needed to support those services. Call 877-769-3752 to learn more about your legal options.

Your Legal Rights in Michigan Birth Injury Cases

Michigan birth injury cases are legally complex. A few key points to understand:

1. Time Limits (Statutes of Limitations)

In Michigan, medical malpractice cases (including birth injury cases) generally must be filed within two years of the alleged malpractice, or within six months of when the injury was discovered or should reasonably have been discovered, subject to a six-year “statute of repose” that cuts off most claims after six years.

For minors with birth injuries, the rules are more complicated and somewhat more generous—many cases must still be brought by around the child’s 10th birthday, but the exact deadlines depend on the child’s age at discovery and other factors.

Important: Do not rely on these general rules for your specific situation. The safest approach is to talk with our Michigan birth injury attorneys at 877-Power-Law as soon as you suspect malpractice so that exact deadlines can be calculated for your case. You can reach us at 877-769-3752.

2. Mandatory 182-Day Notice of Intent (NOI)

Before filing a medical malpractice lawsuit in Michigan, families must serve a written Notice of Intent (NOI) on the healthcare providers they believe were negligent. This notice must be given at least 182 days before filing suit (sometimes shortened to 91 days in limited circumstances) and must include specific information about the claim. (Michigan Legislature)

This notice procedure also affects how the statute of limitations is calculated, so it’s critical to get it right—and another key reason to involve 877-Power-Law early in the process. Call 877-769-3752 so we can preserve your rights.

3. What Must Be Proven

To win a birth injury malpractice case in Michigan, a family must generally prove:

  1. Standard of care: What a reasonably careful doctor, nurse, or hospital should have done in the same situation.
  2. Breach: That the providers failed to meet this standard.
  3. Causation: That this failure more likely than not caused the baby’s injuries (not just that the injury occurred).
  4. Damages: The full extent of the child’s and family’s harm, including medical bills, therapy, special equipment, lost future earning capacity, and pain and suffering.

Michigan law also caps certain non-economic damages in medical malpractice cases, with higher caps for the most catastrophic injuries like severe brain damage or paralysis; these caps adjust periodically. Our attorneys at 877-Power-Law can explain how the current caps might apply to your child’s case when you call 877-769-3752.

How 877-Power-Law Helps Michigan Families After a Birth Injury

Our legal team works with Michigan families facing life-changing birth injuries such as cerebral palsy, brachial plexus injuries (Erb’s palsy), shoulder dystocia injuries, HIE, and other catastrophic conditions.

Here’s what we do for you:

  • Free case evaluation.
    We listen to your story, review your child’s diagnoses, and give you honest feedback on whether malpractice may have played a role.
  • In-depth medical investigation.
    We obtain the complete medical record set (not just hospital summaries) and work with board-certified medical experts to analyze what happened before, during, and after delivery.
  • Timeline and causation analysis.
    Our attorneys and consulting experts reconstruct key moments—fetal monitoring strips, C-section decision times, shoulder dystocia management, response to signs of infection or jaundice—to determine where care fell below standards.
  • Lifetime needs and damages assessment.
    We look at your child’s projected lifelong needs: therapies, adaptive equipment, home and vehicle modifications, attendant care, special education supports, and more.
  • Negotiation and trial.
    We handle communications with hospitals and insurance companies, pursue settlement when appropriate, and are prepared to take the case to trial if that’s what it takes to obtain full and fair compensation.
  • No fee unless we win.
    You do not pay attorney fees unless we recover money for your child and family.

We represent families across Michigan, and we can meet by phone, video, or in person—at your home, hospital, or a convenient location. When you’re ready, our Michigan birth injury attorneys at 877-Power-Law are here to help. Call 877-769-3752 to schedule your free consultation.

Michigan Birth Injury FAQs

“How do I know if my child’s condition was caused by malpractice?”

You usually won’t get a clear answer from the hospital itself. Warning signs can include unexpected emergencies during labor, delayed C-section despite abnormal fetal monitoring, severe jaundice that wasn’t treated promptly, or a child with CP, Erb’s palsy, seizures, or developmental delays without a clear explanation. The only way to really know is to have our experienced Michigan birth injury attorneys at 877-Power-Law and independent medical experts review the records. Call 877-769-3752 to talk with us about what happened.

“Is it too late to do anything if my child is already a few years old?”

Maybe not. Michigan allows some extra time in cases involving minors, and there is also a discovery rule in certain circumstances. However, deadlines still apply and can be complicated. Even if your child is older, you should talk with our Michigan birth injury attorneys at 877-Power-Law right away so the specific time limits in your situation can be calculated and preserved. You can call us at 877-769-3752 for a free review.

“Can a lawsuit actually help my child?”

A lawsuit can’t undo what happened, but a successful birth injury case can provide resources for:

  • Intensive therapies and medical care
  • Wheelchairs, braces, and adaptive equipment
  • Accessible home and vehicle modifications
  • Educational and support services
  • Future care and financial security for your child

The goal is to give your child the fullest possible life and to reduce the financial strain on your family. Our team at 877-Power-Law works to build a case that reflects your child’s true lifetime needs. To learn more, call 877-769-3752.

“Do I have to pay anything upfront to talk to 877-Power-Law?”

No. Consultations for birth injury cases are free, and we handle these cases on a contingency fee basis, which means you pay no attorney fees unless we obtain a recovery for you. You can talk with our Michigan birth injury attorneys at 877-Power-Law without any upfront cost by calling 877-769-3752.

Talk With a Michigan Birth Injury Lawyer

You’ve already taken an important step by looking for information. The next step is to get answers tailored to your child’s situation and to protect your legal rights.

If you believe your baby’s injuries, cerebral palsy, Erb’s palsy, shoulder dystocia complications, or other serious condition may have been caused by medical negligence in Michigan, contact 877-Power-Law for a free, confidential consultation with our Michigan birth injury attorneys. Call 877-769-3752 today.

We can help you understand what went wrong, what Michigan law provides, and what can be done now to secure the care and future your child deserves.

Call Us: 877-769-3752

Birth Law Resources by state:

Injury Information

Cerebral palsy

Types of cerebral palsy

Spastic—Spastic is the most common form of cerebral palsy. It is often found with another type of cerebral palsy as well. People who are diagnosed with spastic cerebral palsy are hypertonic (have rigid, tense, or spastic muscles) and also suffer from a neuromuscular condition, which can affect different parts of the body, depending on each individual. Right-side brain injuries can affect the left side of the body and left-side brain injuries can affect the right side of the body. Also, lower limbs can be more affected than upper limbs, or vice versa. Finally, a person can suffer from “spastic quadriplegia”, which is a form of spastic cerebral palsy where all four limbs are affected.

Athetoid/Dyskinetic—This type of cerebral palsy affects people via “hypertonia.” Hypertonia affects a person’s muscles with increased rigidity, spasticity, and tension. If a person is affected by this type of cerebral palsy, they will often have problems sitting or walking, holding themselves upright, and have involuntary movements.

Ataxic—This is a less common type of cerebral palsy than spastic. In this case, motor skills (such as writing and dexterity) are affected. Often tremors occur with this form of cerebral palsy. A baby with Cerebral Palsy may suffer from ataxia, which is characterized by loss of coordination or balance.

Mixed—Mixed is any combination of the above types of cerebral palsy.

Causes of cerebral palsy

  • Oxygen loss or deprivation causes brain injuries or brain damage, and cerebral palsy may result.
  • Other studies have shown evidence that in some cases of cerebral palsy there has been a death of an identical twin in the very early pregnancy stages. This is called “vanishing twin” syndrome.
  • Often babies that are diagnosed with cerebral palsy are born prematurely.
  • Other causes for cerebral palsy post-birth may include lead poisoning, shaken baby syndrome, physical brain injury, toxins, jaundice, meningitis, choking on objects or food (lack of oxygen), near drowning (lack of oxygen), and encephalitis.

Cerebral palsy symptoms

  • Abnormal muscle tone
  • Abnormal reflexes
  • Spasticity or other involuntary movements
  • Facial movements
  • Twitches and/or tremors
  • Bone deformities
  • Permanently fixed muscles and joints
  • Inability to sit up straight (posture problems)
  • Scissor walking (knees inward)
  • Toe walking (toes inward)
  • Decreased muscle mass
  • Unsteady walk
  • Problems with balancing
  • Very floppy baby, or very stiff baby
  • Birth defects

Erbs Palsy

A condition is caused by an injury to the brachial plexus, which is a network of nerves that run from the spine to the tips of the fingers. Children with brachial plexus injuries are affected in different ways. Some children with Erbs Palsy have no muscle control and no feeling in the arm or hand. Some children can move their arms but have little control over the wrist and hand. Other children can use their hands well but cannot use the shoulder or elbow muscles.

Types of Erbs palsy injuries

Avulsion—The nerve is torn from the spine.

Rupture—The nerve is torn but not where it attaches to the spine.

Neuroma—Occurs where scar tissue has grown around the injury putting pressure on the nerve resulting in reduction of signals to the muscles.

Praxis—The nerve has been damaged but not torn. These injuries usually heal on their own within 3 months.

Risk factors associated with Erbs palsy

  • Failure by medical personnel to recognize these risk factors and act appropriately often leads to medical negligence.
  • Failure to estimate the baby’s weight before delivery.
  • Failure to perform a caesarean section.
  • Failure to diagnose and treat maternal diabetes.
  • Failure to inform of the risks in vaginal delivery of a large baby.
  • Failure to follow established methods to manage shoulder dystocia.
  • Applying unnecessary and excessive force during the delivery.

Shoulder Dystocia

A birth injury that occurs when one or both of a baby’s shoulders are stuck inside the mother’s pelvis.

Types of shoulder dystocia injuries

Skeletal injury—The clavicle is the most frequently traumatized bone during birth and may be fractured in about 15% of cases of SD. Thorough pediatric neurological examination is mandatory, as a concomitant brachial plexus injury may be present (20%). Both clavicular and humeral fractures have an excellent prognosis.

Maternal morbidity—A prolonged 2nd stage complication of shoulder dystocia often leads to significant blood loss (70%>1000ml). Vaginal and cervical lacerations may occur, and uterine rupture may follow erroneous fundal pressure.

Hypotonia—Also known as “floppy infant syndrome,” hypotonia involves decreased muscle tone. Infants with hypotonia seem floppy when held. Hypotonia is often a sign of a worrisome abnormality and may suggest the presence of central nervous system dysfunction, genetic disorders, or muscle disorders.

Six Michigan Law Offices

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Ann Arbor
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877-769-3752
2452 E Stadium Blvd
Ann Arbor, MI 48104
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250 Monroe Ave NW
Grand Rapids, MI 49503
Mount Clemens
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120 Market St
Mount Clemens, MI 48043
Flint
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717 S Grand Traverse St
Flint, MI 48502
Detroit
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877-769-3752
18650 W McNichols Rd
Detroit, MI 48219
Southfield
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19080 W 10 Mile Rd #100
Southfield, MI 48075

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