The death of a newborn is one of the most devastating experiences any family can endure. When that loss happens during childbirth or shortly after delivery, it often raises painful questions about what went wrong. Was it just a tragic outcome, or could it have been prevented? In Michigan, if a medical mistake leads to a stillbirth, neonatal death, or fatal birth injury, families may have the right to file a wrongful death claim. This page explains what qualifies as a fatal birth injury, who may be held responsible, what evidence is needed, and what steps grieving parents can take to protect their legal rights.
When Birth Injuries Turn Fatal
Most births in Michigan go as planned, but when something goes wrong during labor or delivery, the consequences can be life-altering. Some birth injuries cause immediate trauma that leads to death within hours. Others may trigger complications that result in a neonatal death days or weeks later. In the most tragic cases, the baby may never take a first breath.
Fatal birth injuries are not always immediately recognized as the result of medical negligence. Families may be told that the death was unavoidable or due to a rare complication. But many of these tragedies could have been prevented with timely monitoring, safer decision-making, or an earlier intervention. Understanding how and when birth injuries occur is the first step in recognizing when a wrongful death claim may apply.
📊 Table 1: Types of Fatal Birth Injuries and When They Occur
| ✅ Injury Type | 🕒 When It Happens | ⚠️ Potential Cause |
|---|---|---|
| Hypoxic-Ischemic Encephalopathy (HIE) | During labor or delivery | Delayed C-section, cord compression |
| Skull fractures | During delivery | Forceps or vacuum misuse |
| Uterine rupture | During labor | VBAC attempt not properly monitored |
| Severe infection (GBS, sepsis) | Before or after delivery | Missed screening or delayed antibiotics |
| Shoulder dystocia complications | During delivery | Mishandled emergency, excessive force |
| Intracranial hemorrhage | During or shortly after birth | Oxygen deprivation or traumatic delivery |
| Placental abruption | Before delivery | Failure to monitor fetal distress |
📊 Did You Know? Stillbirth and fatal birth injuries remain a leading cause of infant loss in the U.S. Each year, 1 in 175 births ends in stillbirth, totaling nearly 21,000 deaths. Of the 20,000 infant deaths that occur annually, around 20 percent are linked to preventable birth injuries.
What Counts as Wrongful Death in a Birth Injury Case
Not every tragic birth outcome is legally considered wrongful death. To pursue a claim in Michigan, families must prove that a medical provider’s actions or inaction fell below the accepted standard of care and directly caused the infant’s death. These cases often involve a complex mix of medical facts, timelines, and expert testimony.
Some deaths may occur despite best efforts and proper care. But when a provider ignores signs of distress, delays emergency action, or fails to follow safety protocols, it may rise to the level of malpractice. The key is showing that the death could have been prevented had proper care been given.
To qualify as wrongful death due to medical negligence, a case must meet these legal elements:
- A duty of care existed between the provider and the mother or child
- The provider breached the accepted standard of care
- That breach directly caused or contributed to the infant’s death
- The family suffered emotional and financial harm as a result
🧠 Clark Insight: We’ve reviewed heartbreaking cases that never moved forward because there wasn’t enough medical evidence to prove a breach of care. These claims require expert support early on, no matter how emotional the loss may be.
Medical Errors That Commonly Cause Infant Death
Infant deaths linked to medical malpractice are often the result of preventable mistakes made during labor, delivery, or neonatal care. While some complications can arise without warning, many fatal outcomes are caused by poor monitoring, delayed action, or failure to follow established safety protocols.
These errors may occur in the delivery room, the NICU, or even earlier in prenatal care. Families are sometimes told the death was due to “unavoidable complications,” but an investigation often reveals that warning signs were missed or decisions were made too late.
📊 Table 2: Common Medical Mistakes That Lead to Infant Fatalities
| ✅ Medical Error | 📋 What Went Wrong | ⚠️ Potential Outcome |
|---|---|---|
| Failure to perform timely C-section | Baby in distress, delivery not expedited | Oxygen loss, brain injury, death |
| Improper use of delivery tools | Forceps or vacuum used with excess force | Skull fracture, brain hemorrhage |
| Mismanagement of shoulder dystocia | Delayed response to trapped shoulder | Asphyxia, trauma-related death |
| Delayed treatment of infection | GBS, sepsis, or meningitis missed | Rapid deterioration, organ failure |
| Oxygen deprivation (HIE) | Poor fetal monitoring, prolonged contractions | Brain damage or death |
| Placental abruption mishandled | Signs ignored, no emergency delivery | Stillbirth or emergency fetal death |
🏥 Patient Scenario: A full-term baby began showing signs of distress during labor, including a sudden drop in heart rate. Despite these red flags, the delivery team delayed the C-section by nearly an hour. By the time the baby was delivered, she had suffered severe oxygen deprivation. She was placed on life support but died within 48 hours. The family later discovered that an earlier delivery would likely have saved her life.
Who Can Be Held Responsible After a Neonatal Death
When a newborn dies due to medical negligence, more than one provider or institution may be legally responsible. These cases often involve a team of professionals, and it only takes one person’s mistake to cause a tragic outcome. Hospitals and medical groups may also share responsibility if their policies or supervision contributed to the loss.
Here are the most common parties that may be named in a wrongful death claim involving a fatal birth injury:
- OB-GYN or attending physician — failed to recognize danger or delayed emergency care
- Labor and delivery nurses — did not monitor or report warning signs during labor
- Hospital or birthing center — responsible for staff conduct, equipment failures, or poor protocols
- Anesthesiologist — errors during epidural or general anesthesia that harmed the baby
- Neonatologist or NICU staff — failed to respond to complications or infections after delivery
- Midwife or non-hospital birth provider — lacked training or failed to transfer care during emergencies
Hospitals often try to argue that certain staff were independent contractors rather than employees. However, Michigan law may still allow a claim based on how care was coordinated and who controlled the environment.
🧠 Clark Insight: In these cases, hospitals almost always try to distance themselves from the delivery team. But when we look at who controlled the timing, staffing, and decision-making, the hospital is rarely free from responsibility.
What Evidence Is Needed to Prove a Fatal Birth Injury Claim
Proving that a newborn’s death was caused by medical negligence requires more than grief and suspicion. These cases hinge on specific types of evidence that show what went wrong, when it happened, and how it could have been prevented. In Michigan, you also need a medical expert to confirm that the provider’s care fell below accepted standards.
Because these incidents often unfold quickly and involve multiple people, it’s critical to begin preserving evidence as soon as possible. The more time that passes, the harder it becomes to gather what you need for a successful claim.
📊 Table 3: Critical Evidence in Neonatal Wrongful Death Cases
| 📂 Evidence Type | 🩺 What It Shows | ⚖️ Why It Matters |
|---|---|---|
| Fetal monitoring strips | Heart rate patterns, contractions, distress signals | Helps show if signs of trouble were missed |
| Delivery room records | Timeline of events and staff actions | Tracks response time and communication |
| Medical expert opinion | Specialist review of care standards | Required by Michigan law to file malpractice |
| Autopsy report | Cause of death and related injuries | Confirms or challenges the medical narrative |
| NICU or post-delivery notes | Newborn’s condition and any treatment given | Establishes efforts made or errors after birth |
| Parental testimony | What was observed, what was communicated | Adds human context to the medical story |
| Hospital protocols | Internal rules for emergencies and fetal distress | Measures actual care against policy standards |
🧠 Clark Insight: In birth injury death cases, fetal monitoring strips often tell the real story. We always request them immediately. If they show distress that went unaddressed, it can be the strongest evidence in the entire case.
Steps Parents Should Take If They Suspect Medical Negligence
No parent is prepared to lose a newborn. In the middle of overwhelming grief, it can be difficult to know what to do next. But if you believe your baby’s death may have been caused by a medical error, early action can make a critical difference in your ability to pursue a claim.
Here are the most important steps families should take:
- Request a complete set of medical records from the hospital, including fetal monitoring strips and delivery notes
- Ask whether an autopsy was performed, and request a copy of the report if available
- Avoid signing any settlement offers or releases from the hospital or insurance company
- Write down everything you remember, including conversations, symptoms, and how the labor progressed
- Contact a wrongful death lawyer with experience in both birth injury and medical malpractice cases
- Act quickly, as Michigan’s statute of limitations is generally two years for these claims
Time is not on your side in these cases. Hospitals may already be reviewing their internal documentation and preparing defenses. Your legal team needs access to the same information before it disappears.
🛑 Common Mistake: Many grieving parents assume that signing paperwork from the hospital is just part of the discharge or documentation process. But some of those forms can include waivers or limit your ability to bring a claim later. Always have legal counsel review anything before you sign.
Frequently Asked Questions About Fatal Birth Injuries and Neonatal Death Claims in Michigan
Is stillbirth considered wrongful death in Michigan?
It depends. If the baby was never born alive, Michigan law generally does not treat it as wrongful death unless there is evidence of clear medical negligence. However, if the baby was born alive and died shortly after, a wrongful death claim may apply.
Can both parents file a wrongful death lawsuit?
No. Michigan law requires that the lawsuit be filed by the personal representative of the baby’s estate. However, both parents can receive compensation if they are listed beneficiaries.
What if the baby lived for only a few minutes after birth?
Even brief signs of life — breathing, heartbeat, movement — may qualify the case as a wrongful death rather than a stillbirth. This distinction is legally important and should be discussed with a lawyer.
What if the hospital claims the death was unavoidable?
This is a common defense. But just because a provider says the outcome could not have been prevented does not mean that is true. A medical expert must review the care to determine if the standard was breached.
How is compensation calculated in an infant wrongful death case?
Compensation may include funeral costs, medical expenses, emotional distress, and loss of companionship. Even though the baby had no income, the law still recognizes the profound loss suffered by the family.