Contact the experienced Michigan medical malpractice attorneys at Thurswell Law at (248) 354-2222 for a free, no-obligation consultation to learn how we can help you hold doctors and facilities accountable for their negligence. No one should ever have to suffer at the hands of medical providers with whom so many of us place our trust.
Full Answer
What is a medical malpractice attorney in Michigan?
Medical Malpractice Attorneys in Michigan. Medical malpractice is when a doctor makes a mistake that causes you or a loved one serious harm. Legally, medical malpractice has occurred when a doctor fails to comply with a reasonable standard of care.
What is the largest medical malpractice case settlement in Michigan?
He was the plaintiff attorney involved in the largest reported medical malpractice case settlement in the state of Michigan for the year 2002. Rick has been selected by his peers for inclusion in The Best Lawyers in America® (2008 - 2018) in the specialty of Personal Injury Litigation.
Why should I hire a medical malpractice attorney?
Because of this, it is crucial to employ the services of a competent malpractice attorney at Cochran, Kroll & Associates, P.C. who can guide you toward a fair settlement or represent you at a trial in your medical negligence cases.
Why hire Judy for your medical malpractice case?
For more than 30 years, Judy has successfully handled a variety of medical malpractice cases, obtaining favorable outcomes for individuals and families whose lives were forever changed due to the negligence of doctors, nurses, and other health care providers.
How do I prove medical malpractice in Michigan?
The lawsuit, called the Complaint, states the history of the treatment, the medical basis for alleging negligent care, and an explanation of the damages claimed in the suit. It must have an Affidavit of Merit attached from a qualified physician supporting the case.
How do I get a malpractice attorney to take my case?
6 Steps To Hire A Medical Malpractice AttorneyCheck the statute of limitations.Initiate your medical malpractice claim.Find a qualified medical malpractice attorney.Determine how much the attorney will charge.Prepare questions for the consultation, and get answers.More items...•
How long do you have to file a medical malpractice lawsuit in Michigan?
two yearsIn general, you have two years from the date of the medical negligence to file a lawsuit in Michigan. There are exceptions for children and in some wrongful death cases. There is also a “discovery rule” which may allow you to file your lawsuit after the two-year period. These time deadlines are very unforgiving.
How do I file a malpractice lawsuit in Michigan?
Every medical malpractice case in Michigan is initiated by filing a Notice of Intent to File Suit (NOI). The NOI must be in writing and must be served upon all health care providers who will be sued at least 182 days before the actual lawsuit is filed. Serving the NOI pauses the statute of limitations for 182 days.
What are the 4 D's of medical negligence?
Malpractice can have devastating consequences for victims and their families, such as causing serious injury or death for the patient. To protect yourself from medical malpractice and seek justice whenever needed, it is vital to be aware of the four D's: duty, direct cause, damages, and dereliction of duty.
How do you prove medical malpractice?
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
What is the cap on medical malpractice in Michigan?
For 2021, the standard cap for noneconomic damages in most malpractice cases is $476,600, while the higher cap for cases involving the permanent injuries described above is $851,000.
What is the statue of limitation on malpractice in Michigan?
two yearsAccording to Michigan state law, a medical malpractice claim must be filed within two years of the date of the injury, “or within six months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later.”
How do I sue a hospital in Michigan?
To sue a hospital for negligence, it must be proven that the hospital employees, including doctors and nurses, failed to provide necessary and appropriate treatment to the patient. In addition to this requirement, you must also prove that the patient suffered injury or harm as a result of this negligence.
Can you sue for medical malpractice?
Yes. If you have suffered an injury (whether physical or psychological) and that injury is as a result of a negligent act or omission by a doctor or GP, you can claim for medical negligence compensation.
What is a letter of intent in a lawsuit?
Notice of intent to sue (or pre-suit notice letter or demand letter) is a notification of a prospective defendant about the plaintiff's – organization's or individual's – intention to commence a lawsuit in the court against them.
How do I sue a hospital for negligence?
How To Sue A Hospital For Malpractice?Step 1- Speak to a Malpractice Lawyer: Medical malpractice cases are complex to handle on your own. ... Step 2- Prove That A hospital or its medical doctor was actually negligent in your case.Step 3- Get hold of your Medical records.Step 4- Outline your injuries or damages.More items...•
How much can you claim for medical malpractice in Michigan?
The limits for 2019 are as follows: $465,900 maximum.
How long does it take to file a medical malpractice claim?
For these reasons, our state law sets a two-year statute of limitations for medical malpractice claims. The two-year time period begins to run when the doctor made the mistake that caused your injuries. Generally speaking, if you received the improper treatment in April 2018, you would have until April 2020 to prepare and file your claim.
What did the doctor do with fraudulent malpractice?
The doctor used fraudulent means to try to cover up the malpractice. The malpractice resulted in permanent injuries to the reproductive system and the loss of procreating abilities. The malpractice victim was a minor child younger than 15.
What happens if you don't provide notice of malpractice?
If you fail to provide notice as required or do not provide an affidavit with your complaint, you can lose your chance to obtain compensation.
What is the law in Michigan that states that a healthcare provider must breach their requisite standard of care in order to
Michigan law also makes it clear that a healthcare provider must breach their requisite standard of care in order to commit malpractice. This means that before you file a claim, you should be sure you have a cause of action. This is one reason why a claim requires medical expert testimony filed with the petition.
What is the result of a brain injury?
A brain or spinal injury caused paralysis and the loss of at least one limb. The injury resulted in the loss of reproductive functioning. The injury resulted in cognitive impairments preventing the victims from living independently or alter their daily lives.
Can you get punitive damages in Michigan?
In some personal injury claims, courts may award punitive damages to victims if the defendant acted in a particularly egregious or purposeful manner. However, Michigan law prohibits punitive damages in medical malpractice cases.
What is the path to remittance and recompense?
When it comes to hospital negligence, the path to remittance and recompense, when applicable, comes in the form of a medical malpractice claim. Here, a plaintiff can accuse a hospital or medical institution of having caused preventable injury through gross negligence. Specifically, the case must prove with strong evidence that some aspect of the hospital administration failed to act competently in a matter. From there, causation must be proven, demonstrating that this failure on behalf of the hospital definitively led to the patient received inadequate care.
What is hospital negligence?
Hospital negligence is a specific type of medical malpractice that involves a hospital’s administration or staff being negligent in their duties. This is distinct from other types of medical malpractice, which generally involve either physicians or medical device manufacturers making mistakes that lead to patient injury. Meanwhile, in hospital negligence, the mistakes come from the hospital crew, as opposed to the doctor. However, just because it is not the physician making the mistake does not mean the patient is not at risk of serious injury or even death; these cases can arise quite frequently.
Can a hospital build a case against a hospital?
With the right attorney team, victims of hospital negligence can build a case against the hospital in pursuit of compensation. The victim or victim’s family must solely prove substandard care, and a connection between that care and the victim’s injury or death, in order to be viable for compensatory measures. This compensation can be applied to various circumstances that may arise following a malpractice, such as:
What is the law in Michigan for medical malpractice?
The law in Michigan places a set time period for which a medical malpractice claim may be filed. If named as a defendant in a medical malpractice case, the law in Michigan allows the defense of modified comparative negligence to be used which allows a damage award to be reduced in proportion to the percentage of fault assigned by a court.
What happened to the plaintiff in the 2009 case?
The plaintiff suffered complications from an elective abdominal surgery that left her with long-term mental and physical medical issues. In 2009 the plaintiff underwent an abdominoplasty which included liposuction. The plaintiff claimed at trial that there were problems with the surgery from the start. The plaintiff experienced dark-colored drainage, clots and painful burning sensations.
What is discovery in court?
Discovery is the formal process of exchanging information between parties about the witnesses and evidence that will be presented at trial.
What is an expert witness?
An expert witness is a person who is a specialist in a subject who may present their expert opinion without having been a witness to any occurrence relating to the claim being brought before the court.
Can a medical malpractice case be appealed?
It is not uncommon for the losing side in a medical malpractice case to appeal a decision from the lower court. An appeal allows the higher court to review the actions of a lower court in order to determine if the law was appropriately applied.
Can you settle a medical malpractice claim?
The parties involved in a medical malpractice claim are allowed to agree to a settlement at any point prior to the beginning of a trial. The litigation process is lengthy and expensive and because of this, many cases settle prior to going to trial. Settlement can take place during mandated alternative dispute resolution sessions. However, if the parties are unable to come to a settlement agreement during mediation or arbitration, trial is likely the next step in the litigation process.
How long does it take to file a malpractice claim?
Usually, a malpractice claim must be filed within two years of the date of the malpractice incident, or 6 months from the date of discovery that malpractice occurred. Although the law provides additional time for certain protected groups, ...
What happens if an insurance company refuses to pay for treatment?
If the insurance company continues to refuse payment for the treatment, or fails to review the initial negative decision, the patient has the right to file an appeal with the state Office of Financial and Insurance Services.
What is malpractice in medical terms?
In general, an individual may have a medical malpractice claim when a doctor or other medical professional failed to provide proper treatment and ...
What is the right of a patient to inspect his or her medical record?
A PATIENT OR RESIDENT HAS THE RIGHT: To not be denied appropriate care based on race, religion, color, national origin, sex, age, disability, marital status, sexual preference, or source of payment. To inspect, or receive for a reasonable fee, a copy of his or her medical record upon request.
How long after a chemical restraint should a physician be consulted?
In case of a chemical restraint, a physician shall be consulted within 24 hours after the commencement of the chemical restraint. To be free from performing services for the health facility or agency that are not included for therapeutic purposes in the plan of care.
What does HMO cover?
The coverage for prescription drugs. The way that the health plan pays for services. Under the law, your HMO must provide you with the name, address, and phone number of a person to contact for more information about the issues listed above.
What happens if a hospital fails to meet its legal requirements?
Failure to meet these legal requirements means that the victim loses all rights to file a lawsuit against the medical professional or hospital which negligently caused severe injury — or even death.
What is the Michigan law on medical malpractice?
Michigan law limits recovery for economic damages in medical malpractice cases. These amounts are based on the type of damage incurred and are adjusted for inflation every year. Our lawyers can advise you on the current cap on damages, and will help build a case to argue for why you should get as much of that money as possible.
Can you sue someone for negligence in Michigan?
When a person is killed because of a Michigan medical provider’s negligence, the estate may be able to bring a lawsuit on behalf of the deceased individual. These wrongful death cases could help family members recover any medical bills incurred, the loss of the deceased individual’s contribution to the family, and funeral costs. In some cases, it may be possible to recover for pain suffered by your deceased friend or family member before he ultimately passed away.
What is medical malpractice litigation in Michigan?
In Michigan, the litigation process for medical malpractice suits is a formula that encourages resolution before trial, but also maintains strict guidelines as the litigation process evolve s. In our experience at the Cochran, Kroll & Associates, P.C. law firm we believe in working closely with our clients to make sure they meet all the guidelines within the system and that they receive the most compensation warranted due to their injuries.
What happens when a medical negligence case is settled?
When the litigation process has moved this far, there is usually a second attempt to settle before trial. In this medical negligence cases, a mediator is appointed, and the sides present their arguments by reviewing the facts and considering the position of the opposing side. If a resolution cannot be reached, then the trial date will be set. However, even when the trial takes place, and a decision is rendered many times in post-trial motions either side may appeal until everything is finalized.
Can you settle a medical malpractice case without trial?
The litigation proceedings involving a medical malpractice lawsuit are complex, lengthy, and have several phases which can allow for a settlement without trial as the process moves from inception to the end. Because of this, it is crucial to employ the services of a competent malpractice attorney at Cochran, Kroll & Associates, P.C. who can guide you toward a fair settlement or represent you at a trial in your medical negligence cases.
Common Medical Errors Causing Patient Deaths
There are inherent risks and complications to many procedures and other medical situations. The fact that a patient dies after receiving medical care does not mean there was malpractice.
Can I Sue for Medical Malpractice Wrongful Death?
According to Michigan law, a medical practitioner commits malpractice when they breach their duty of care to the patient. This means that the treatment fell below the acceptable standard of care.
Who Can File a Malpractice Wrongful Death Lawsuit?
According to Michigan General Statutes §600.2922, surviving family members may bring a lawsuit on behalf of the decedent. Typically, one family member is appointed the Personal Representative of the deceased person’s estate. This allows the family to pursue the wrongful death claim.
The Necessity of an Expert Witness
To prevail in a medical malpractice wrongful death lawsuit, the plaintiff must be able to prove care professional’s actions or inaction directly caused their loved one’s death.
Medical Malpractice Wrongful Death Case Study
A family filed a wrongful death lawsuit for the death of a 71-year-old woman. She underwent elective thyroid surgery.
Consult a Michigan Medical Malpractice Wrongful Death Claim Lawyer
Cases involving medical professionals are extremely complex. You need a skilled and experienced attorney to investigate your case.
Suing For Medical Malpractice in Michigan
- If you were injured due to the negligence of a health care provider, you may be in a position to file a medical malpractice lawsuit. The law in Michigan places a set time period for which a medical malpractice claim may be filed. If named as a defendant in a medical malpractice case, the law in Michigan allows the defense of modified comparative ne...
How to Find The Best Michigan Medical Malpractice Lawyer For Your Case
- If you or a loved one has had the unfortunate experience of being injured as a result of medical malpractice, it is likely that the last thing you want to do is deal with the intricacies and nuances associated with filing a medical malpractice lawsuit. Hiring strong legal representation can help to take your mind off of the legalese so that you can focus on healing and moving forward with your life. One of the main motivating factors in bringing a medica…
Some Notable Medical Malpractice Law Decisions from Michigan
- These cases represent awards to plaintiffs in medical malpractice cases in Michigan. It is important to note results in the past are no guarantee of results in subsequent cases with similar circumstances.
Footnotes
- Mich. Comp. Laws Ann. § 600.5805(5) Mich. Comp. Laws Ann. § 600.5838a Mich. Comp. Laws Ann. § 333.16101 Mich. Comp. Laws Ann. § 600.2958 Yamaha Motor Corp. v. Tri-City Motors, 429 N.W.2d 871 (Mich. Ct. App. 1988). Mich. Comp. Laws Ann. § 600.1483 Mich. Comp. Laws Ann. § 600.2912d Mich. Comp. Laws Ann. § 600.2169 Mich. Comp. Laws Ann. § 600.4921 Mich. Comp. Laws Ann. § 600.2912d Court of Appeals Rule 7.204