If your baby or your family was harmed during labor or delivery, a birth injury lawyer in Michigan can help you ask hard questions, protect key records, and find out whether negligent medical care played a role. Our team at Cochran, Kroll & Associates, P.C. represents Michigan families in serious medical malpractice cases and offers a strong next step when you need answers.
Birth injuries may involve harm to a baby, a mother, or both during labor and delivery.
Some cases involve preventable mistakes such as delayed C-section decisions, poor fetal monitoring, or improper delivery techniques.
Records matter. Early review can help preserve timelines, test results, and staff notes.
Some injuries are obvious right away, while others become clearer over time.
Cochran, Kroll & Associates, P.C. offers a free case evaluation and works on a contingency fee basis.
How Do I Know If I Have a Birth Injury Case?
Families often reach out when they believe something went wrong during pregnancy care, labor, delivery, or immediate newborn care. It may also help parents who were told everything was fine at first, but later noticed serious symptoms, developmental delays, or unexpected complications.
A review may make sense if you are asking questions about:
a delayed emergency C-section
signs of fetal distress that were not addressed
forceps or vacuum use during delivery
shoulder dystocia or difficult extraction
loss of oxygen, seizures, or brain injury
untreated maternal complications
NICU concerns right after birth
It may be less likely to fit if the condition appears fully unrelated to medical care or is clearly a genetic issue with no negligence question. Even then, a record review can help you understand the difference.
Concern
Why do families ask questions
What to gather
Emergency delivery delay
Timing may matter when a baby shows distress
discharge papers, timeline notes, names of providers
Oxygen loss or seizures
These events can point to labor-and-delivery mistakes
NICU records, imaging summaries, follow-up notes
Shoulder or arm weakness
Nerve injuries may be linked to a difficult delivery technique
pediatric notes, therapy records, photos or videos
Mother and baby were both injured
One event may create more than one claim
hospital records for both patients
What Is the Difference Between a Birth Injury and a Birth Defect?
A birth injury usually refers to harm that happens before, during, or shortly after delivery. A birth defect usually refers to a condition that developed during pregnancy and is not automatically tied to how the medical team handled labor or delivery.
That distinction matters because families are often trying to answer two different questions at once: What happened medically, and could it have been prevented?
Why The Distinction Matters Legally?
A preventable delivery injury may support a malpractice claim. A developmental condition may not. The records, fetal monitoring, delivery notes, neonatal care records, and later follow-up all help tell that story.
What Are the Medical Mistakes Can Lead to a Birth Injury Claim?
Not every complication is malpractice. Birth can become high-risk very quickly. But some cases raise clear questions about whether the medical team acted soon enough, monitored carefully enough, or used the right delivery method.
Common concerns include:
delayed response to fetal distress
Failure to order a timely C-section
misuse of forceps or vacuum extraction
Poor monitoring of labor progression
missed umbilical cord complications
failure to diagnose or manage maternal conditions
errors in emergency-room or urgent obstetric care
failures in the immediate newborn response
When early emergency care is part of the story, families sometimes also need to explore whether an ER malpractice lawyer should be involved in the review.
Common delivery concerns and why families ask questions
Delivery concern
Why it matters
Delayed C-section
A late surgical decision may worsen oxygen-loss injuries
Fetal monitoring problems
Warning signs may have been visible before the injury
Shoulder dystocia
Improper traction can affect nerves, bones, or oxygen flow
Forceps or vacuum misuse
Head, neck, facial, or nerve trauma may follow
Untreated maternal complications
A missed diagnosis can affect both the mother and the baby
What Are the Types of Birth Injuries Can Happen?
Birth injury cases can look very different from family to family. Some involve physical trauma. Others involve a lack of oxygen, missed distress, or complications that affect long-term development.
Common injuries and case themes include:
Hypoxic-ischemic encephalopathy (HIE): brain injury connected to oxygen loss around delivery
Cerebral palsy: sometimes associated with preventable birth-related brain injury
Brachial plexus injuries and Erb’s palsy: nerve injuries that can affect arm and shoulder movement
Shoulder dystocia complications: injuries linked to a baby becoming stuck during delivery
Intracranial bleeding or other brain trauma: sometimes connected to prolonged labor or instrument use
Facial nerve injury or fractures: It may happen during a difficult extraction
Maternal injuries: hemorrhage, surgical errors, tears, infection, or other serious delivery-related harm
Some cases involve only the baby. Others involve both the baby and the mother. That matters when the legal team evaluates who was harmed and what the long-term impact may be.
Call us at 1-866-MICH-LAW anytime, 24/7, to schedule a free case evaluation.
What Could be the signs should families watch for after delivery?
Some delivery injuries are obvious right away. Others are not. A child may leave the hospital, then show concerns weeks or months later.
Families often ask questions when they notice:
Seizures or unusual movements
Trouble feeding or weak sucking
Breathing problems
Very stiff or very floppy muscle tone
One arm that does not move normally
Facial drooping
Unusual crying or poor responsiveness
Missed motor milestones
Speech delay
Vision or hearing concerns
A symptom does not prove malpractice by itself. But it can be an important reason to request records, seek medical guidance, and preserve a timeline.
A practical step parents can take
Keep a simple log. Write down dates, symptoms, provider comments, therapy referrals, and testing milestones. Short videos can also help show movement problems or developmental concerns over time.
How do we investigate a possible birth injury case?
These cases usually turn on details that do not appear in a short hospital summary. The real story may be buried in nursing notes, monitoring strips, medication records, operative reports, neonatal records, and later specialist evaluations.
Our role is to look at the timeline and ask whether the care met the standard expected in that situation.
What we often review
Prenatal and hospital records
Labor and delivery notes
Fetal monitoring records
C-section or operative reports
Newborn and NICU records
Imaging, neurology, or therapy records
Discharge instructions and follow-up care notes
Why the nurse-attorney advantage matters
Eileen Kroll is both a registered nurse and an attorney, which gives the team an added advantage when reviewing medical records in malpractice cases. That combined medical and legal perspective can matter when the facts are buried in technical charts, provider notes, and treatment timelines.
Who may be responsible for a birth injury?
Responsibility depends on the facts. In some cases, the focus is a single provider. In others, several people or entities may be involved.
A case may involve questions about:
OB/GYN decision-making
Labor and delivery nursing care
Midwife care and escalation
Anesthesia issues
Neonatal response after delivery
Hospital policies, staffing, or supervision
Resident or team communication failures
Some families also need help with related injury issues outside birth trauma. When a case overlaps with a broader negligence event, it can help to review the firm’s personal injury lawyer in Michigan services as well.
What does it cost to hire our team, and what affects the value of a claim?
These cases are handled on a contingency fee basis. That means there are no upfront attorney fees, and the firm is paid only if there is a recovery.
What affects the value of a case?
Every case is different. The value of a claim may depend on:
How severe the injury is
Whether the harm is permanent
Future therapy or care needs
Whether the child may need lifelong support
How strongly the records show a breach in care
Whether more than one party may be responsible
The impact on the family’s income, time, and daily life
If you want to understand the firm’s public proof points, you can review its verdicts and settlements and client reviews. Past results do not guarantee future outcomes.
Why do families choose our team?
Families looking for help after a delivery injury are usually not looking for a flashy pitch. They want a serious team that can review records, explain the process, and move quickly.
Families choose this team for several reasons:
Free, no-obligation consultation
No fees until we win
Michigan-focused representation
24-hour toll-free intake
A registered nurse attorney on the team
Documented case results and public trust signals
Offices in Livonia and Flint, with statewide service across Michigan
Families also look at 44.1 million won for clients, decades of proven experience, public recognition, trial lawyer memberships, and media features.
A good intake process should lower stress, not add to it.
Step 1: We listen to what happened
You tell us what you know so far. That may include labor details, delivery timing, emergency decisions, NICU care, and how your child is doing now.
Step 2: We identify the key records
We look at what records may matter most and what timeline questions need answers.
Step 3: We review the care closely
The case is evaluated for warning signs, missed opportunities, and whether the response appears to match the standard of care.
Step 4: We explain the next move
If the case appears actionable, we explain the process, what the firm may need from you, and what comes next. If more review is needed, we will let you know.
Contact Birth Injury Lawyer Michigan
If a newborn suffered complications during pregnancy, labor, or delivery, a birth injury lawyer Michigan can review medical records and expert opinions to determine whether preventable errors may have occurred. An early legal review can help families understand their options and the next steps for pursuing a claim.
Contact us at Cochran, Kroll & Associates, P.C. for a free consultation. We’ll review your case, explain your options, and map out the strongest path forward. Remember, we don’t get paid unless you win.
Call us at 1-866-MICH-LAW anytime, 24/7, to schedule a free case evaluation.
Frequently asked questions
What is the difference between a birth injury and a birth defect?
A birth injury usually points to harm connected to labor, delivery, or immediate newborn care. A birth defect usually refers to a condition that developed during pregnancy and is not automatically linked to negligence.
When should I talk to a lawyer after a delivery injury?
As soon as you have concerns. These cases often depend on records, timelines, and rules that can become harder to manage when delayed.
Can I sue a hospital for a birth injury?
In some cases, yes. A claim may involve a doctor, nurse, hospital system, or several parties, depending on who was responsible for the care and decisions.
What does it cost to hire a birth injury attorney?
These cases are handled on a contingency fee basis. You do not pay upfront legal fees, and the firm only gets paid if it wins a recovery.
What compensation may be available in a birth injury case?
Possible damages may include medical expenses, therapy needs, long-term care, lost earning capacity, and pain and suffering. The exact value depends on the facts and the lasting impact.
What if my child’s condition was not diagnosed right away?
That can still matter. Some injuries are not fully understood on day one and become more visible over time through symptoms, testing, or developmental delay.
Can the mother also have a claim?
Possibly. Some delivery events harm both the baby and the mother, and those injuries may need to be evaluated separately.
What are common warning signs after delivery?
Families often watch for seizures, feeding trouble, breathing issues, unusual muscle tone, weakness on one side, missed milestones, or other concerns raised by a doctor.
The financial burden of caring for a child with a birth injury can be catastrophic. Because the condition does not improve over time, the parents will face that financial burden throughout the child’s life. Such an extreme financial burden should be shared by those responsible when medical malpractice has been established. Both Kroll and Cochran agree that most doctors, nurses and hospitals are excellent but strongly feel that when malpractice is involved in a birth injury the baby and parents must be adequately compensated.
Act quickly
Statutes of limitation limit the length of time you have to file a lawsuit. Depending on the nature of your case, the time limits may be from one to 15 years after the incident. If you fail to file a lawsuit within that time period you may forever be denied the justice due you. If your baby was injured at birth and you believe that you have a case, it is critical that you seek legal help quickly.
If you believe you are a victim of a birth injury, let Cochran, Kroll & Associates fight for your rights.
Cochran, Kroll & Associates will provide a free consultation, either on the telephone, over the Internet, in person and sometimes at your home or in the hospital room. You will be charged a contingency fee which means that the attorney will only be paid a fee if a recovery is made. “The purpose of the contingency fee agreement is to provide access to justice, says Cochran. “It would be totally unfair if an injured person was unable to seek compensation because he or she couldn’t afford an attorney.”
The Law Offices of Cochran, Kroll & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.
RESULTS-DRIVEN TRACK RECORD
$15.8 Million
Medical Malpractice / Birth Injury
Monroe, Michigan
WHAT HAPPENED:
A young couple from Monroe, Michigan, was awarded a $15.8 million verdict as the result of their baby son, Jason, being inflicted with Cerebral Palsy as the result of an error during the final stages of a labor.
Result: $15.8 Million
$1 Million
Medical Malpractice/Wrongful Death
Oakland County, Michigan
What Happened:
While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death.
Result: $1 Million
$1.4 Million
Accidents & Injuries/Brain Injury
Livonia, Michigan
What Happened:
A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.
Result: $1.4 Million
$9 Million
Medical Malpractice / Misdiagnosis
Wayne County, Michigan
WHAT HAPPENED:
Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours.
Result: $9 Million
$3.3 Million
Accidents & Injuries/Auto Accident
Tuscola County, Michigan
WHAT HAPPENED:
A Tuscola County jury awarded $3.3 million to a severely brain injured motorist as the result of a defective Michigan highway.
Result: $3.3 Million
$1.25 Million
Accidents & Injuries/Construction Site Injury
Flint, Michigan
WHAT HAPPENED:
A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million.
Result: $1.25 Million
$1.9 Million
Medical Malpractice
Wayne County, Michigan
What Happened:
Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure.
Result: $1.9 Million
$3.8 Million
Medical Malpractice / Birth Trauma
Southern Michigan
What Happened:
Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.
A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan.
Result: $1.5 Million
$1.3 Million
Accidents & Injuries/Truck Accident
Marlette, Michigan
What Happened:
A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck.
Result: $1.3 Million
$225,000
Medical Malpractice/Cancer Misdiagnosis
Redford, Michigan
What Happened:
The misdiagnosis of breast cancer resulted in a Redford, Michigan, woman recovering $225,000.
Result: $225,000
$125,000
Workers Compensation
Detroit, Michigan
What Happened:
A construction worker redeemed his worker’s compensation case for $125,000 in Detroit, Michigan.
Result: $125,000
$400,000
Accidents & Injuries/Auto Accident
Monroe, Michigan
What Happened:
A paraplegic woman from Monroe, Michigan, recovered Michigan no-fault benefits including the purchase of a new home and attendant care in excess of $400,000.
Result: $125,000
$2.2 Million
Medical Malpractice/Birth Injury
Brighton, Michigan; Detroit, Michigan
What Happened:
A Brighton family recovered $1.3 million and a Detroit family recovered $900,000 as the result of birth injuries and medical malpractice to their children.
Result: $2.2
$80,000
Accidents & Injuries/Auto Accident
Bay City, Michigan
What Happened:
A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.
Result: $80,000
FREE CONSULTATION NO FEES UNTIL WE WIN
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