Birth Fracture Attorney in Michigan

Over 100 Years of Collective Experience Fighting for Michigan Families

A broken bone discovered after delivery is alarming, and it’s something no parent expects to navigate alongside the demands of a newborn’s care. At Grewal Law PLLC, we represent mothers and infants harmed by negligence during labor and delivery, as well as surviving family members when a birth injury proves fatal. As a family-owned firm with more than 100 years of collective legal experience, we approach every case with the individual attention it deserves.

Our offices in Okemos and Northville serve families throughout Michigan. If a fracture sustained during your child’s birth may reflect a departure from accepted medical care, we can help you evaluate what happened and what your options are.

Common Birth Fractures and How They Occur

Birth fractures are a specific category of birth injury involving bones broken during labor and delivery. Three types appear most often in these claims.

Clavicle (Collarbone) Fractures

The clavicle is the bone most frequently fractured during birth, occurring in roughly 2 to 3 per 1,000 live births according to published studies. The break typically occurs at the midshaft. Parents often notice it first because the infant doesn’t move the affected arm or because swelling appears over the collarbone. Many clavicle fractures require no active treatment and heal as the bone remodels, but their presence after a difficult delivery warrants careful review of how that delivery was managed.

Humerus (Upper Arm) Fractures

Fractures of the humerus, the long bone of the upper arm, can occur in the shaft or near the shoulder joint. Risk factors for both humerus and clavicle fractures include fetal macrosomia (a larger-than-average baby), shoulder dystocia, instrument-assisted delivery, prolonged labor, and postterm pregnancy. Shoulder dystocia, the complication in which a baby’s shoulder becomes lodged behind the mother’s pelvic bone after the head has delivered, is the condition most directly associated with these fractures.

Skull Fractures

Skull fractures in newborns are most often linked to forceps or vacuum extraction deliveries. They range from minor linear fractures, cracks that generally heal without intervention, to depressed fractures, where bone is pushed inward and can compress brain tissue. Medical guidelines limit the force, duration, and number of attempts with these instruments for this reason. When those limits are exceeded, the resulting injury may reflect a departure from the standard of care.

When a Birth Fracture May Indicate Malpractice

Not every birth fracture means malpractice occurred. Some fractures happen during deliveries where risk factors were identified and appropriately managed. The legal question is whether the delivery team met the standard of care: the level of care a reasonably competent provider would have exercised under similar circumstances.

Medical guidelines call for providers to assess for macrosomia, monitor labor progress, and respond to shoulder dystocia with established maneuvers rather than excessive traction. After a delivery complicated by shoulder dystocia, standard post-delivery care includes examining the infant for clavicle fractures, arm fractures, and nerve injury. When a fracture follows a delivery where warning signs went unrecognized, instruments were applied improperly, or a shoulder dystocia was mismanaged, there may be grounds for a malpractice claim.

Michigan Filing Deadlines for Birth Fracture Claims

Michigan medical malpractice claims carry strict deadlines. Missing them can bar a claim entirely.

• General statute of limitations: Under MCL 600.5838a, a claim must typically be filed within two years of the alleged malpractice, or within six months of discovering the injury, whichever is later.
• Minor’s extended deadline: Under MCL 600.5851(7), if the child was under age eight when the malpractice occurred, the claim generally must be filed by the child’s tenth birthday, or within the standard limitations period, whichever is later.
• Notice of Intent: Michigan law requires a Notice of Intent to be served on each potential defendant at least 182 days before a lawsuit can be filed, under MCL 600.2912b. This waiting period must be built into any litigation timeline.
• Affidavit of Merit: A malpractice complaint must include an Affidavit of Merit from a qualified medical professional confirming that a breach of the standard of care occurred, under MCL 600.2912d.

These requirements mean the process of evaluating a birth fracture claim should begin well before any deadline approaches. Our team helps Michigan families understand these obligations and navigate every procedural step.