Medical Malpractice Attorneys in Michigan

Key points

Have you or a loved one been injured or suffered death as a result of medical negligence?

Your hospital, doctor, nurse, psychiatrist, chiropractor, or podiatrist is not exempt from Michigan law. When a health care provider makes a mistake, the ramifications can be catastrophic for patients and their families. Often, these mistakes were entirely preventable, but due to the negligence and carelessness of those who were supposed to be treating you, you are forced to suffer. 

The good news is that if you or a loved one has suffered harm due to the negligence of a medical professional, you can often sue for compensation.

Read on to learn more about medical malpractice laws in Michigan or contact us today to schedule a free case evaluation. 

What Is Medical Malpractice?

Medical malpractice occurs when a patient suffers harm due to a health care provider’s inattentiveness or failure to follow the applicable standard of care. 

What Is Standard of Care?

Under law, standard of care in healthcare is generally defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar educational and training background, and in the same medical community, would have provided under the same circumstances.

When that standard is not met and a patient suffers because of it, the patient can bring a medical malpractice claim. 

Common Examples of Medical Malpractice

Medical malpractice is not uncommon in the United States today. In fact, according to John Hopkins University, it was the third leading cause of death in the United States in 2016. Although many medical malpractice cases occur in the operating room, these cases can happen at virtually any stage of medical care.

Common examples of medical malpractice include:

• Incorrect diagnosis: Misdiagnosis or failure to diagnose a serious medical condition (e.g., cancer, heart attack, stroke, bowel obstruction or perforation, pulmonary embolism, blood clot or deep vein thrombosis, ectopic pregnancy, compartment syndrome, cauda equina syndrome)
• Delayed diagnosis
• Emergency room errors
• Birth injuries: Infant jaundice, hip dysplasia, shoulder dystocia, and cerebral palsy
• Infections or sepsis contracted in hospitals
• Anesthesia errors: Anesthesia-related medical errors leading to death or brain damage
• Surgical mistakes: Spinal epidural abscesses, gastric bypass surgery errors, gallbladder surgery errors, neurosurgical errors leading to paralysis,operating on the wrong site)
• Nursing negligence
• Medication error
• Severe bedsores
• Failure to timely treat
• Failure to provide for patient safety
• Misread of X-rays, CT scans, MRIs, or ultrasounds: Misdiagnosis of mammograms, biopsies, x-rays, MRIs, CT scans, and other diagnostic tests
• Breach and disclosure of hospital data
• Infections or sepsis contracted in hospitals
• Plastic surgery errors
• Overdoses or medication errors due to prescription or pharmacy errors

Who Can Be Liable for Medical Malpractice?

Pharmacists, dentists, oral surgeons, anesthesiologists, obstetricians, nurses, psychiatrists, and other types of medical professionals can be found liable for malpractice in their respective fields, but so can the institutions they work for like hospitals and clinics.

How Can I Prove Medical Malpractice in Michigan?

Since the early 1990’s, Michigan has enacted modified legislation regarding medical malpractice lawsuits. The most radical change implemented relates to the concepts of ‘Discovery’ and ‘Affidavits of Merit.’

Michigan’s Malpractice Lawsuit Restrictions Statutes of Limitations

All potential civil cases in Michigan are subject to a limitations period within which a lawsuit must be filed or it is barred.  These periods of limitations are called “statutes of limitations”.  In medical malpractice cases not resulting in death, generally, the statute of limitations is two (2) years from the date of the act or omission that is the basis for the claim, meaning the date the heath care provider did something deemed to be negligence. See MCL 600.5838a.  

Sometimes, however, a person doesn’t know that malpractice has been committed. In certain cases, an action involving a claim based on medical malpractice may be commenced within six (6) months after the injured party discovers or should have discovered the existence of the claim, whichever is later. 

In claims involving medical malpractice claims to a person under the age of eight years, the person has until his or her tenth birthday to bring the claim. MCL 600.5851(7).

Notice and Expert Requirements

Each Michigan medical malpractice lawyer starts with the filing of a Notice of Intent to File Suit (NOI). This written notice must be served to potential defendants at least 182 days before the lawsuit is filed. Serving a Notice of Intent suspends Michigan’s Statute of Limitations for 182 days.

At the start of every case filed in court, Plaintiffs must submit an Affidavit of Merit signed by a healthcare professional who meets the expert requirements defined by MCL 600.2169. The Affidavit of Merit is a written expert narrative that asserts that the defendant breached the mandated ‘Standard Of Care.’ In response, a defendant is required to file an Affidavit Of Meritorious Defense to refute the plaintiff’s assertions.

Breaching The Standard Of Care (Negligence)

Patterns found when analyzing the source of medical injuries include, medical professionals who:

• Use shortcuts, ill-advised techniques or misdiagnoses
• Fail to recognize (or disregard) signs and symptoms
• Are careless with lab work or misinterpretations of lab results
• Fail to appropriately supervise medical staff
• Are sloppy caregivers because they try to see too many patients each day
• Don’t listen to their patients

Proving Your Case By Demonstrating Harm

Your legal team must identify specifically the acts or omission that make up the medical negligence and then prove how the negligence was the source of the injury. As such, medical malpractice lawsuits always require the use of expert testimony and medical literature research. Liability, regarding malpractice lawsuits, is quite intricate. Medical Malpractice cases are among the few types of cases that still have “joint and several” liability, meaning a plaintiff can collect a judgement from all the defendants or just one defendant found to be liable in the case. This rule applies only if the injured person (plaintiff) is not comparatively negligent in any way. If the injured person is comparatively negligent then the jury is asked to assign a percentage of fault among all parties and even non-parties. Those found liable are responsible for their respective portion of the damages in the case.

Damages in Michigan Medical Malpractice Cases

Economic Damages

When tragedy strikes in the medical sphere, one of the primary categories of compensations you can pursue is economic damages. This encompasses the tangible financial burdens you’ve incurred, like sky-rocketing medical bills or lost wages due to an inability to work. It’s all about putting a number on the financial setbacks you’ve faced, with a keen eye on the documentation to back it up.

Non-Economic Damages

Venturing beyond the clear cut financial losses, we find ourselves navigating the intangible terrains of non-economic damages. It could be the distress emanating from the loss of a limb or the agony of disfigurement. It’s essential, though not straightforward, to factor these very real repercussions into the settlement, granting them the gravity they rightfully demand.

Pain and Suffering

Pain and suffering—words that carry an emotional weight that most people hope never to understand deeply. In the aftermath of a medical mishap, the physical pain and emotional turmoil often become a constant companion, demanding recognition in the legal sphere. It’s a facet that breathes life into your plea, bringing the human experience into a courtroom, draped not just in numbers but in real, pulsating heartbeats.

Future Medical Expenses

Looking forward into a misty horizon of “what comes next,” future medical expenses play a pivotal role in Michigan malpractice suits. Predicting the path of your healing journey, factoring in potential complications, and ensuring you’re not left shouldering those burdens alone forms the core of this crucial element. It is a pledge to support the unforeseeable yet inevitable medical needs that lie in wait.

Rehabilitation Expenses

Rehabilitation is more than recovery; it’s a road to reclaiming a fragment of the life that was. A good settlement doesn’t just patch up the present; it lays a paved path for a future of renewed hope. From physical therapy to psychotherapy, the dimensions are manifold, promising a nurturing space to heal, slowly, steadily, undeniably.

Settlement Negotiation in Michigan Medical Malpractice Cases

Importance of Hiring an Experienced Attorney

As you traverse the legalese and nuanced alleyways of malpractice negotiations, the ally you need is an attorney with a backbone of experience and a heart attuned to the human story. A seasoned attorney doesn’t just represent you; they embody your fight, molding it into a narrative that resonates with truth and justice. In Michigan, where laws intertwine with lives, expertise isn’t a luxury; it’s a necessity.

Factors That Influence Settlement Negotiations

The dance of settlement negotiations swirls around various influencing factors, ranging from the clarity of evidence to the magnitude of the malpractice. It’s a chess game where every move is dictated by the strengths and weaknesses of the case at hand. Understanding these dynamics, anticipating the opponent’s moves, and sculpturing a strategy that is grounded in reality yet aspirational is where the art of negotiation truly lies.

Punitive Damages

While seldom awarded, punitive damages stand as a beacon of justice in cases where gross negligence or a wanton disregard for human life is evident. It’s more than compensation; it’s a message, a societal reprimand, signaling that reckless endangerment has no place in the caregiving sector. It seeks not just to recompense but to reform, wielding law’s hammer to carve a safer tomorrow for all.

Medical Malpractice Statistics

Unfortunately, Michigan has a large share of medical malpractice. According to data from the National Practitioner Data Bank (NPDB), between 2016 and 2022, there were 233,510 reported cases of medical malpractice in Michigan. The majority of these cases involved medical physicians (MDs or DOs). 

Although becoming a victim of medical malpractice isn’t uncommon, it can still be challenging to bring forward a viable case. According to Michigan state law, four elements must be proven to have a viable medical malpractice case:

1. A professional relationship between the patient and the health care provider, clinic, hospital, or other entity in question;
2. A breach in the standard of care during treatment;
3. Harm caused to the patient (injury, further illness, death) as a result of that breach in the standard of care;
4. Injury and damages resulting from the resulting injury (e.g., physical and mental pain, extra medical bills, loss of wages, etc.).

Request a Free Case Evaluation From An Experienced Medical Malpractice Attorney in Michigan

Giroux Pappas Trial Attorneys prosecutes all types of medical malpractice claims in Michigan. Whether your claim is against a surgeon, doctor, physician assistant, nurse practitioner, registered nurse, midwife, insurance company or another medical or health care provider, we will investigate your case and help you understand how to move forward.

Contact us today to schedule a free case evaluation with one of our experienced medical malpractice attorneys.