Practice Areas
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Birth Injury Attorneys, Giroux Pappas Help Shelby Through the Toughest Time In Her Life
Shelby's daughter, Evelyn suffered severe injuries during birth. The team at Giroux Pappas fought hard for Shelby and her daughter.
Examples of Michigan Medical Malpractice Settlements
$5,500,000
Medical malpractice causing death
$3,300,000
Medical malpractice causing death
$2,900,000
Medical malpractice causing death
$2,400,000
Medical malpractice causing nerve injury
$2,100,000
Obstetric malpractice resulting in death
$2,100,000
Medical malpractice causing death
$2,100,000
Medical malpractice causing death
$1,950,000
Medical malpractice causing paralysis
$4,505,831
General Negligence:Truck Driver is severely injured when hi-lo operator drops 3300 lb. mixer on him crushing his shoulder & elbow, concussion and breaking multiple bones in foot.
Areas We Serve
Have you or a loved one been injured or suffered death as a result of medical negligence?
Your hospital, doctor, nurse, psychiatrist, chiropractor, or other healthcare provider is not exempt from Michigan law. When a healthcare provider makes a medical mistake, the ramifications can be catastrophic for patients and their families.
If you or a loved one has suffered harm due to the negligence of a medical professional, Giroux Pappas Trial Attorneys is here to help. We offer free, confidential consultations. Contact us today, and our medical malpractice lawyers can help you determine if you have a case.
Areas We Serve
Understanding Medical Malpractice: Standard of Care
Doctors, surgeons, nurses, and other individual healthcare professionals can be found guilty of medical malpractice when their patients suffer harm due to their inattentiveness or failure to follow the applicable 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 Statistics in Michigan
Unfortunately, Michigan has a large share of medical malpractice cases. According to data from the National Practitioner Data Bank (NPDB), there have been over 11,000 reported cases of medical malpractice in Michigan since 2020, and between 2023 and 2024, reported cases increased by 31%.
Hospital Safety Grade also reports that only 29.6% of hospitals in the entire state of Michigan have received an “A” safety grade. The majority of hospitals in Michigan have a “C” rating or worse. The worst-rated hospitals, according to Hospital Safety Grade, include:
- ProMedica Monroe Regional Hospital (”D” Rating)
- DMC Detroit Receiving Hospital (”F” Rating)
- DMC Harper University Hospital (”F” Rating)
- DMC Sinai-Grace Hospital (”F” Rating)
Who Can Be Liable in Medical Malpractice Cases?
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.
Proving Medical Malpractice Cases
Although 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:
- A professional relationship between the patient and the health care provider, clinic, hospital, or other entity in question;
- A breach in the standard of care during treatment;
- The harm caused to the patient (injury, further illness, death) as a result of that breach in the standard of care;
- Injury and damages resulting from the resulting injury (e.g., physical and mental pain, extra medical bills, loss of wages, etc.).
Common Examples of Negligence
- Incorrect or Delayed Diagnoses: 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).
- 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.
- 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, and operating on the wrong site.
Other examples include nursing negligence, medication errors, failure to provide treatment in a timely manner, failure to provide for patient safety, imaging and X-ray misdiagnosis, breach and disclosure of hospital data, and infections or sepsis contracted in hospitals.
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Frequently Asked Questions
Proving healthcare negligence can be challenging because the field of medicine is so complex. When something goes wrong, determining exactly what happened and who is at fault isn’t always straightforward. Additionally, doctors and nurses use a lot of medical jargon that can make it hard to understand whether the care a patient received met the required standard of care.
If you think you might have a case, our team at Giroux Pappas Trial Attorneys is here to guide you through this process. Below are some of the questions our team is frequently asked:
How Long Do I Have to File a Claim?
In medical malpractice cases not resulting in death, generally, the statute of limitations is 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.
However, sometimes 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 6 months after the injured party discovers or should have discovered the claim’s existence, whichever is later.
Additionally, in cases 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.
How Do I File a Medical Malpractice Claim?
We do not recommend filing a medical malpractice claim before consulting with an experienced medical malpractice attorney.
In general, these types of cases begin with a Notice of Intent to File. 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.
Additionally, 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.
How Much Do Medical Malpractice Attorneys Charge?
It depends on the law firm. There are five primary fee arrangements: flat, hourly, retainer, hybrid, and contingency. Giroux Pappas Trial Attorneys offers contingency fee arrangements. These arrangements mean that we do not charge you any money until we win your case. If we win your case, we will take an agreed upon percentage of the awarded damages. You can click here to learn more about our contingency fee arrangements.
How Much Can You Sue for In a Medical Malpractice Lawsuit?
There is no average number. Each case is unique and varies based on many factors, including accrued medical expenses, lost wages, the degree of negligence, the severity and permanence of the developed injuries or conditions, and the age of the victim.
There are two primary types of damages you could recover: economic, which could include medical expenses and lost wages, and non-economic, which doesn’t have a set monetary value and could include pain and suffering, lost quality of life, and emotional distress. And, although rare, some victims could be awarded punitive damages. These are reserved for cases involving gross negligence, intentional misconduct or fraud, willful violation, or generally reprehensible behavior that goes beyond ordinary negligence.
You can visit our Results page to view some examples of awarded damages from our medical malpractice cases.
How Do I Prepare for My Consultation?
During your free consultation, our medical malpractice attorneys will ask you to share details about your story. To assess the validity and strength of your case, our attorneys will need to review documents related to your incident, including medical bills, insurance statements, copies of medical records, such as X-rays, the address of the healthcare facility you visited, names of any medical professionals whose care you were under, and a list of any prescriptions or therapies prescribed to you as part of a treatment plan.