Medical Malpractice Attorneys in Michigan

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 healthcare provider makes a medical mistake, the ramifications can be catastrophic for patients and their families.

Often, these medical 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 with the help of a medical malpractice lawyer.

What Is Medical Malpractice?

Medical malpractice occurs when a patient suffers harm due to a healthcare provider’s inattentiveness or failure to follow the applicable standard of care. Michigan medical malpractice lawyers understand these complexities and can guide victims through the legal process.

Doctors, surgeons, nurses, and other individual healthcare professionals can be found guilty of medical malpractice, but so can the institutions they work for (e.g., hospitals and clinics).  Medical malpractice lawyers are essential in determining when an error amounts to actionable malpractice is complex; it’s also relative to the standards of care applicable to the practitioner who is responsible for the error.

What Is Standard of Care?

Under the law, the standard of care in healthcare is generally defined as the level and type of care that a reasonably competent and skilled healthcare 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. Medical malpractice lawyers are well-equipped to handle such claims.

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: Emergency room errors are not uncommon and shouldn’t be overlooked.
• 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 1990s, 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 health care provider did something deemed negligent. See MCL 600.5838a.  

Sometimes, however, a person doesn’t know 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 claim’s existence, 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).

Michigan’s medical malpractice lawsuit restrictions and statutes of limitations are important aspects that a skilled law firm specializing in medical malpractice cases will help you navigate.

Notice and Expert Requirements

Each Michigan medical malpractice lawyer starts with filing 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

Michigan medical malpractice attorneys are crucial in proving your case. They work with medical experts to demonstrate how the breach in the standard of care caused your injury.

Proving Your Case By Demonstrating Harm

Your legal team must identify specifically the acts or omissions 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. Medical malpractice lawyers collaborate with medical experts to build a strong case. 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 judgment 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.

How to Choose a Michigan Medical Malpractice Lawyer

The journey to find a Michigan medical malpractice lawyer can feel like navigating uncharted waters, especially after a distressing medical mistake. So, where do you start?

In the world of law firms that specialize in cases of wrongful death or serious injury resulting from medical errors, find someone who is not just a lawyer; they’re the unsung hero in helping you resolve situations where healthcare professionals have wronged you.

Your best option is to search for law firms specializing in medical malpractice lawsuits. The experience of attorneys at these firms, particularly in handling medical malpractice case involving surgical mistakes or wrongful death, is invaluable.

Find a Michigan medical malpractice attorney who communicates with you in a way you understand and has a track record of success.

Go online and look up reviews and testimonials to help you make a decision, but also trust your gut – this person will represent your serious injury case, so you should feel comfortable with them.

Our law firm, Giroux and Pappas Trial Attorneys has the track record, reviews, and dedication to the community that is important for your Michigan medical malpractice case. Consider us to be your ally when medical negligence is involved from your healthcare providers.

How Much Do Lawyers Charge for Michigan Medical Malpractice Cases?

Talking about money can be awkward, but let’s face it, it’s important. In Michigan, malpractice attorneys often work on a ‘no victory, no fee’ basis, also known as a contingency fee agreement.

This means if they don’t win your case, your wallet doesn’t take a hit. Imagine it like a bet where the lawyer puts their skin in the game, betting on their skills to win your case.

All time, dedication, and investigation that goes into your case will be on our dime. If the case is unsuccessful, you owe nothing.

How Much Can You Sue for in a Michigan Medical Malpractice Lawsuit?

You’ve suffered at the hands of a negligent medical professional – maybe it’s a spinal cord injury or a disastrous surgical mistake.

So, what’s the price tag on this nightmare? In Michigan, the sky’s the limit, but it’s also grounded in reality.

Michigan law has a ceiling on some damages, but it’s not just about the numbers. It’s about the impact – how this error turned your life upside down. Every case is a snowflake, unique in its tragedy and value.

What Is the Average Settlement for a Michigan Medical Malpractice Lawsuit?

If you’re looking for a straightforward number, brace yourself – it’s as varied as the flavors in a Michigan ice cream shop. Settlements in medical malpractice cases are as unique as the individuals involved.

They hinge on the gravity of the medical treatment blunder and how well your legal team can work the courtroom. It’s a delicate tango between what’s fair and what’s possible, guided by the experience of your chosen malpractice lawyer.

Giroux and Pappas Trial Attorneys will work hard to get you the maximum compensation you deserve keeping past, present, and potential future life challenges in mind.

How Are Michigan Medical Malpractice Settlements Determined?

Economic Damages

Michigan medical malpractice lawyers understand that when tragedy strikes in the medical sphere, one of the primary categories of compensation 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 are 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 form 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, and undeniably.

Settlement Negotiation in Michigan Medical Malpractice Cases

Importance of Hiring an Experienced Attorney

When going through your medical malpractice settlement 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 the law’s hammer to carve a safer tomorrow for all.

Consulting With a Medical Malpractice Attorney

When you first consult with a medical malpractice attorney, you will explain what you believe went wrong and why. The attorney will ask you a lot of questions, including information about prior health conditions, the course of treatment, and any follow-up medical care.

Based on your answers and the available documents, the attorney will make a determination on the potential to achieve a successful outcome.

An experienced attorney who has successfully tried many medical malpractice cases will be able to reach a conclusion by assessing these thresholds:

• The Factual Basis for the Claim
• The Applicable Standard of Practice of Care
• The Manner in Which Care Was Below the Applicable Standard of Care & What Action Should Have Been Taken
• The Injury Caused by the Breach in the Standard of Care (Medical Bills, Physical Injury, Pain & Suffering, Loss of Enjoyment, or Lost Income)

The next step is knowing if your case is still within the statute of limitations. 

Medical Malpractice Statistics

Unfortunately, Michigan has a large share of medical malpractice cases. 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

Our Michigan medical malpractice attorneys prosecute all types of medical malpractice claims in Michigan. Whether your claim is against a surgeon, doctor, physician assistant, nurse practitioner, registered nurse, midwife, an insurance company, or another medical or healthcare 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.