Birth Injuries in Michigan
Average Settlement: $1,000,000 - $5,000,000 | Statute: 2 years from the date of the act or omission
About Birth Injuries
Birth injury malpractice occurs when negligent medical care during pregnancy, labor, or delivery causes harm to the mother or newborn. These cases often involve catastrophic, lifelong injuries such as cerebral palsy or brain damage resulting from oxygen deprivation. Birth injury claims are among the most high-value malpractice cases because they frequently involve permanent disabilities requiring a lifetime of medical care, therapy, and support.
Michigan Medical Malpractice Laws
Statute of Limitations
2 years from the date of the act or omission
Damage Cap
Approximately $497,000 non-economic damages (adjusted annually for inflation; higher cap of approximately $887,000 for certain catastrophic injuries)
Discovery Rule
Michigan applies the discovery rule, but the claim must be filed within 6 months of discovering or reasonably should have discovered the claim, and is subject to a 6-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file an affidavit of merit and a notice of intent to file a claim at least 182 days before filing the complaint.
Common Examples of Birth Injuries
- •Failure to monitor fetal heart rate and respond to signs of fetal distress
- •Delayed or improperly performed emergency cesarean section
- •Excessive use of force with vacuum extractors or forceps during delivery
- •Failure to diagnose and treat maternal infections during pregnancy
- •Improper administration of labor-inducing drugs such as Pitocin
- •Failure to identify and manage umbilical cord complications
- •Missed diagnosis of gestational diabetes or preeclampsia
Key Facts
- ✓Cerebral palsy caused by birth asphyxia is one of the most frequently litigated and highest-value medical malpractice claims in the United States
- ✓Fetal monitoring strips are among the most important pieces of evidence in birth injury cases, as they document the baby's heart rate and the timing of medical interventions
- ✓Birth injury cases often involve life care plans prepared by specialists that project the total cost of care over the child's expected lifetime, which can exceed tens of millions of dollars
- ✓Many states have extended statutes of limitations for birth injury claims, allowing minors to file suit until several years after they reach the age of majority
- ✓Both the obstetrician and the hospital can be held liable, particularly when hospital staffing levels or policies contributed to delayed intervention
- ✓Expert neonatologists and maternal-fetal medicine specialists are typically required to testify about the standard of care during labor and delivery
- ✓Michigan requires a 182-day notice of intent period before filing a malpractice lawsuit, during which the statute of limitations is tolled.
- ✓An affidavit of merit from a qualified health professional must accompany the notice of intent.
- ✓Michigan's non-economic damages cap is adjusted annually for inflation, with a higher cap for catastrophic injuries such as loss of limb or reproductive organ.
- ✓The state follows a modified comparative fault system with a 51% bar.
Victim of Birth Injurie in Michigan?
Get a free case evaluation. Most medical malpractice attorneys work on contingency.
Calculate Your Settlement →Birth Injuries in Other States
Other Malpractice Types in Michigan
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Michigan.