When a birth injury occurs, the emotional and physical toll on your family can be overwhelming. In many cases, parents are left wondering what went wrong and whether it could have been prevented. If your child was injured during labor or delivery in a Lansing-area hospital, you may have legal options. This guide will walk you through the key steps to take after a suspected birth injury, from getting proper medical care to preserving evidence and understanding your rights. For a deeper look at your legal options, visit our Lansing birth injury attorney page.
Know the Signs of a Birth Injury Early
Birth injuries are not always obvious right away. Some are detected in the delivery room, while others don’t become clear until weeks or months later. Recognizing the signs early is crucial—not only for your child’s health but also for protecting your legal claim. The longer you wait, the harder it may be to connect the injury to potential malpractice. Here’s a breakdown of common warning signs by developmental stage:
| 👶 Age / Stage | ⚠️ Potential Warning Signs |
|---|---|
| 🍼 At Birth | Seizures, difficulty breathing, limp limbs, low Apgar score, need for NICU care |
| 👂 First Weeks | Feeding difficulties, high-pitched crying, stiffness or floppy muscles, delayed reflexes |
| 🧸 First Months | Delayed motor skills, poor head control, muscle spasms, asymmetrical movement |
| 🧎 6+ Months | Trouble sitting, rolling, or crawling; favoring one side; continued developmental delays |
| 🧠 Ongoing | Diagnosed conditions like cerebral palsy, Erb’s palsy, or brain injury with unclear cause |
If you notice any of these signs, speak with a pediatrician immediately and consider getting a second opinion if you feel your concerns aren’t being taken seriously.
Seek Immediate Medical Care and a Second Opinion if Needed
If you suspect your child has suffered a birth injury, acting quickly is crucial. Early medical care not only improves your child’s chances of recovery but also helps establish a record of what went wrong. Here’s what to do:
- Follow up immediately with your pediatrician or a specialist if something feels off.
- Request further testing (MRI, CT scans, neurological exams) if symptoms aren’t improving.
- Ask questions and take notes during every appointment.
- Seek a second opinion if you’re not satisfied with the answers or diagnosis.
- Keep records of all medical visits, treatments, and referrals.
Getting your child the care they need is the top priority but it also lays the groundwork for any potential legal action. Next, we’ll explain what records to collect and how to preserve the evidence that could support your case.
Request and Secure All Medical Records Promptly
In a potential birth injury case, medical records are one of the most important forms of evidence. They tell the story of what happened during labor, delivery, and immediately after birth. The sooner you collect these documents, the better. Here’s what to request:
- Labor and delivery records
- Fetal monitoring strips
- Apgar scores and newborn assessments
- Doctor and nurse notes
- NICU records, if applicable
- Any imaging or lab results
- Pediatric follow-up evaluations
You have the legal right to request these records even if you’re not yet pursuing a lawsuit. Most hospitals and clinics have a medical records department that can help you submit a formal request. Be sure to ask for complete copies and keep them organized in a safe place.
Understand Your Legal Rights in Lansing Birth Injury Cases
When medical negligence leads to a preventable birth injury, Michigan law gives parents the right to pursue a medical malpractice claim. These cases are complex but if your child has suffered due to a doctor or hospital’s mistake, you may be entitled to significant compensation to help cover medical care, future needs, and more. Here’s a quick look at the legal basics you need to know:
| ⚖️ Legal Element | 📋 What It Means |
|---|---|
| 🩺 Standard of Care | You must show that the doctor or hospital failed to provide reasonable, accepted medical care. |
| ⚠️ Causation | There must be a direct link between the medical negligence and your child’s injury. |
| 🕒 Statute of Limitations | In most cases, you have up to 2 years from the date of injury—or until your child’s 10th birthday (whichever is longer). |
| 💬 Expert Testimony | Michigan law requires an affidavit from a qualified medical expert before filing suit. |
| 💵 Compensation Limits | There are caps on non-economic damages (like pain and suffering), but no cap on future medical expenses. |
Understanding your rights is the first step in protecting your child’s future. In the next section, we’ll explain how the right attorney can help you navigate this process from day one.
Why Early Legal Help Can Make a Difference
Birth injury cases are emotionally overwhelming and legally complex. The earlier you speak with a qualified attorney, the better your chances of building a strong case—and relieving some of the pressure from your family. A good lawyer won’t just handle paperwork. They’ll guide you through every step, from gathering medical records to securing expert testimony and negotiating with powerful hospital defense teams. Here’s what a birth injury lawyer can do for you:
| 👨⚖️ Legal Step | 🛠️ How It Helps Your Case |
|---|---|
| 📂 Case Evaluation | Reviews your medical records to determine if malpractice likely occurred |
| 🧠 Consults Medical Experts | Gathers expert opinions to support your claim and meet Michigan’s legal requirements |
| 📝 Handles Legal Filings | Prepares affidavits, files your case, and manages all court deadlines |
| 💬 Communicates with Insurers | Protects you from lowball offers and aggressive insurance tactics |
| 💵 Pursues Full Compensation | Fights for long-term care costs, pain and suffering, and financial security for your child |
The hospital already has a legal team on its side, you deserve one too. The sooner you get help, the better protected your family will be.
Frequently Asked Questions About Birth Injuries in Lansing
How do I know if my child’s birth injury was caused by malpractice?
Medical staff won’t always admit mistakes. If something feels wrong or your child is struggling without a clear explanation, it’s worth having a legal expert review your case. We work with medical professionals to determine whether the standard of care was violated.
Can I sue a Lansing hospital like Sparrow or McLaren for a birth injury?
Yes. If a hospital’s staff or procedures caused or contributed to the injury, they may be held legally responsible. Many cases involve both the doctor and the facility.
What types of compensation are available in Michigan birth injury cases?
You may be able to recover compensation for medical bills, future care, lost earning potential, pain and suffering, and more. There are no caps on future medical expenses in Michigan.
How long do I have to file a birth injury lawsuit in Michigan?
You generally have up to two years from the date of injury. However, in cases involving children, you may have until the child turns 10. Still, it’s always best to act as early as possible.
What does it cost to hire a birth injury lawyer in Lansing?
At The Clark Law Office, there are no upfront costs. We only get paid if we win your case. Your consultation is 100% free and confidential.
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