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Michigan Medical Malpractice Lawsuit | MI Malpractice Complaint

Our medical malpractice attorneys at Buckfire & Buckfire, P.C. have significant experience when it comes to filing a Michigan medical malpractice lawsuit on behalf of an injured patient or their family. As a resource to our clients, we have provided an example below of what an actual complaint looks like when filing a medical malpractice lawsuit in Michigan.

 

STATE OF MICHIGAN

IN THE 16th CIRCUIT COURT FOR THE COUNTY OF MACOMB

 

MARY DOE, as Personal Representative

Of the Estate of JOHN DOE, Deceased

And MARY DOE, Individually,

                                                                                                            Case No. 12-   -NH

-vs-

                                                                                                            Hon. Judge

XYX HOSPITAL,

and RICHARD ROE, D.O.,

Jointly and Severally,

_____________________________/                                            

Buckfire & Buckfire, P.C.                                                 

Attorney for Plaintiff                                                         

25800 Northwestern Highway                                          

Suite 890                                                                            

Southfield, MI 48075                                                        

(248) 569-4646                                                                  

(248) 569-6737 (fax)                                                          

                                                       

_____________________________/

 

PLAINTIFF’S COMPLAINT AND JURY DEMAND

           NOW COMES the Plaintiff, by and through her attorneys, Buckfire & Buckfire, P.C., and for her Complaint and Jury Demand states as follows:

COUNT 1

  1. That at all time pertinent hereto, Plaintiff, MARY DOE, was and is an individual residing in City of Clinton Township, County of Macomb, State of Michigan.
  2. That at all time pertinent hereto, deceased Plaintiff, JOHN DOE, was and was an individual residing in City of Clinton Township, County of Macomb, State of Michigan.
  3. That at all times pertinent hereto, Plaintiff, MARY DOE is the  Personal Representative of the Estate of JOHN DOE, Deceased, appointed by the Probate court in the County of Macomb State of Michigan.
  4. That the amount in controversy in this cause exceeds Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs, and this cause is otherwise within the jurisdiction of this Court.
  5.  That at all time pertinent hereto, Defendant, XYZ HOSPITAL, was a corporation duly organized and existing under and by virtue of the laws of the State of Michigan and operated a facility located in the City of Macomb, County of Macomb, State of Michigan; and that at all times relevant hereto, and for many years past, said Defendant has been engaged in the operation of said facility, pursuant to MCLA 331.442, MCLA 333.20141 and 333.21513, where persons afflicted with illness and disease are given care and treatment for a consideration
  6. That at all times pertinent hereto, Defendant, RICHARD, D.O., was engaged in the practice of his profession in the City of Clinton Township, County of Macomb, State of Michigan, and held himself out to the public and in particular, to Plaintiff’s decedent, JOHN DOE , as a skilled and competent medical doctor specializing in the field of Internal Medicine and/or Geriatric medicine, and capable of properly and skillfully treating, and caring for individuals seeking his services.
  7. That Defendant, RICHARD ROE, D.O., owed Plaintiff’s decedent, JOHN DOE , the duty to possess that reasonable degree of learning and skill that is ordinarily possessed by physicians specializing in Emergency Medicine throughout the nation, and to use reasonable care and diligence in the exercise of his skill and application of his learning in the care and treatment of Plaintiff’s decedent, JOHN DOE , in accordance with the standards prevailing throughout the nation.
  8. That at all times pertinent hereto, Defendant, RICHARD ROE, D.O. assumed responsibility for the care of Plaintiff’s decedent, JOHN DOE.
  9. That at all times pertinent hereto, Defendant, RICHARD ROE, D.O., was the apparent, ostensible, implied and/or expressed agent of and/or was employed by Defendant, XYZ HOSPITAL, and was acting within the course and scope of said employment when the acts of negligence and malpractice hereinafter set forth and described were committed thereby imposing liability upon Defendant, XYZ HOSPITAL,  by reason of the Doctrine of Respondeat Superior.
  10. That at all times pertinent hereto, Defendant, XYZ HOSPITAL, by and through its duly authorized agents, servants and/or employees, including but not limited to Defendant, RICHARD ROE, D.O., undertook to examine, diagnose, treat, attend and care for Plaintiff’s decedent, JOHN DOE.
  11. That Defendant, XYZ HOSPITAL, by and through its duly authorized agents, servants, and/or employees, including, but not limited to, RICHARD ROE, D.O., had the duty to provide Plaintiff’s decedent, JOHN DOE, with the services of a competent, qualified and licensed staff of physicians, specialists, residents, technicians, nurses, and other employees to properly diagnose her condition and to render competent advice and assistance in the care and treatment of her case and to render same in accordance with the applicable standards of care then prevailing.
  12. That at all times pertinent hereto, Defendant, XYZ HOSPITAL, represented and held out to the public and, in particular, to Plaintiff, that said Hospital was equipped, qualified and prepared to receive the public and, in particular, Plaintiff’s decedent, JOHN DOE, for care and treatment and that it employed and maintained on its staff skilled and competent physicians, nurses, nurse assistants, LPNs, CNAs, and, in general, competent help otherwise in the conduct and operation of such facility.
  13. That at all times pertinent hereto, Defendant, RICHARD ROE, D.O., and the nurses, assistants, LPNs, CNAs involved in this patient’s care, were the apparent, ostensible, implied and/or express agents of and/or were employed by Defendant, XYZ HOSPITAL, and were acting within the course and scope of said employment and/or agency when the acts of negligence and malpractice, hereinafter set forth and described were committed, thereby imposing vicarious liability upon Defendant, XYZ HOSPITAL, by reason of the doctrine of Respondeat Superior.
  14. That in addition to the acts of negligence and/or malpractice hereinafter set forth and described, for which Defendant, XYZ HOSPITAL , is vicariously liable, Plaintiff asserts that said Defendant was guilty of active and/or passive negligence and/or malpractice by reason of the acts of Defendant, RICHARD ROE, D.O., and the nurses, assistants, LPNs, CNAs involved in this patient’s care as well as and including the acts and/or failure to act on the part of all personnel between December 1, 2010 and December 3, 2010.
  15. That Defendant, XYZ HOSPITAL, is responsible for the operation of its facility, the selection of the medical staff, and for the quality of care rendered.
  16. That Defendant, XYZ HOSPITAL, owed Plaintiff the duty to provide Plaintiff with physicians, nurses, assistants, LPNs, CNAs, technical and support personnel, and the technical, diagnostic and treatment services and equipment necessary to assure the safe performance of the health care undertaken by or in their facility.
  17. That Defendants, XYZ HOSPITAL, by and through its duly authorized agents, servants and/or employees, had the duty to provide Plaintiff’s decedent, JOHN DOE, with the services of a competent, qualified and licensed staff of doctors, nurses, assistants, and other employees to properly diagnose her condition, render competent advice and assistance in the care and treatment of her case and to render the same in accordance with the applicable standard of care then prevailing.
  18. That on or about December 1, 2010, deceased Plaintiff began treating with Defendants after he fell from a stool.  During her stay thereafter, Plaintiff’s decedent, JOHN DOE, did deliver and submit himself to Defendants XYZ HOSPITAL and RICHARD ROE, D.O., for the purpose of care and treatment, and did then and there, impliedly and/or expressly, hire and employ Defendants, XYZ HOSPITAL and RICHARD ROE, D.O., and all of its doctors, nurses, assistants, aids, and other personnel, to do that which was proper and necessary in the premises, in accordance with the prevailing standards of emergency facilities and in accordance with the standards of care, and that said Defendants did then and there, impliedly and/or expressly, represent to use due, reasonable and proper skill in the care and treatment of Plaintiff’s decedent, JOHN DOE, in accordance with the standards then prevailing.
  19. That on December 1, 2010, Plaintiff’s decedent, JOHN DOE, presented to Defendants for experiencing excruciating pain and had shortness of breath following his breaking his ribs.
  20. That during visit on December 1, 2010, Defendants, XYZ HOSPITAL and RICHARD ROE, D.O., treated Plaintiff’s decedent, JOHN DOE, for such condition.
  21. While under the care of Defendants, Plaintiff complained of experiencing excruciating pain and had shortness of breath following his breaking his ribs. Defendants were provided with an extensive medical history from Plaintiffs and had the EMS run sheets for his recent medical history. Defendants ordered a chest x-ray for chest pain/shortness of breath. Defendants diagnosed Plaintiff’s decedent, JOHN DOE, with a few rib fractures. Then Defendants sent him home with a prescription for Valium and Anaprox, and instructions to follow-up with his internal medicine physician in 2 days.  At the time of his discharge, Plaintiff, JOHN DOE, continued to have pain that was 9 out of 10, decreased oxygenation saturation levels, and shortness of breath. Plaintiff’s decedent, JOHN DOE, died two days later from Pulmonary Thromboembolism, venous thrombi, blunt injuries to the chest, rib fractures and flank contusion PE from DVT.
  22. That the above referenced individuals and personnel were at all times herein, directly employed by Defendant, XYZ HOSPITAL, through its duly authorized agents and employees, including but not limited to and RICHARD ROE, D.O., and the nurses, assistants, LPNs, CNAs involved in this patient’s care, and medical personnel, each of them, in disregard of their duties and obligations to Plaintiff and in violation of the prevailing standards of care, were guilty of negligence and malpractice by:
  1. Failing to employ emergency room physicians, physicians, physicians’ assistants, nurses, assistants, aids, and other personnel who were skilled and trained for such employment;
  2. Failing to properly, fully, and completely maintain a staff of competent emergency room physicians, physicians, physicians’ assistants, nurses, assistants, aids, and other personnel with appropriate knowledge, training and experience to properly perform and/or assist in caring for patients presenting to the Emergency Department with signs and/or symptoms of a pulmonary embolism;
  3. Failing to properly, fully, and completely research and review the background qualifications and credentials of each emergency room physician, physician, physicians’ assistant, nurse, assistant, aid, and other personnel involved in JOHN DOE’s care and treatment prior to employing such individuals and/or prior to allowing such individuals to treat patients at its facility;
  4. Failing to properly, fully and completely perform detailed background checks regarding prior state licensing suspensions, modifications, revocations and/or restrictions placed on the medical license of each emergency room physician, physician, physicians’ assistant, nurse, assistant, aid, involved in JOHN DOE’s care and treatment prior to employing such individuals and/or prior to allowing such individuals to treat patients at its facility;
  5. Failing to properly, fully and completely perform detailed background checks regarding prior medical malpractice lawsuits filed against each emergency room physician, physician, physicians’ assistant, nurse, assistant, aid, involved in JOHN DOE’s care and treatment prior to employing such individuals and/or prior to allowing such individuals to treat patients at its facility;
  6. Failing to properly, fully, and completely establish and adhere to policy, procedure and/or protocol regarding the performance of patient  care that would have prevented JOHN DOE from receiving inadequate care and treatment that resulted in his death for an undetected and untreated pulmonary embolism;
  7. Failing to properly, fully, and appropriately have set and follow safe and effective guidelines for the examination and treatment of patients with signs and symptoms of deep vein thrombosis and/or pulmonary embolism prior to such condition causing the patient’s death;
  8. Failing to properly, fully, and completely have a system in effect that would properly diagnose and treat a patient presenting with signs and symptoms of a pulmonary embolism;
  9. Failing to properly, fully, and completely require that patients exhibiting signs of intense pain, decreased oxygenation saturations, increased pulse rate and blood pressure, syncope, and shortness of breath after being immobile for several days, receive a thorough and complete diagnostic work up for a possible pulmonary embolism;
  10. Failing to properly, fully, and completely establish and adhere to policy, procedure and/or protocol regarding the performance of history taking and radiologic studies that would have prevented JOHN DOE from receiving inadequate care and treatment that resulted in his passing from an undetected and untreated pulmonary embolism;
  11. Failing to properly, fully, and appropriately have set and follow safe and effective guidelines for the examination and treatment of patients with signs and symptoms consistent with a pulmonary embolism that would ensure that patients with such symptoms are properly diagnosed and treated before being discharged home;
  12. Failing to properly draft, promulgate, adopt and/or enforce appropriate rules, regulations, policies, procedures, by-laws, orders, and constitutional provisions which could and would have prevented the acts malpractice and negligence committed against JOHN DOE;
  13. Failing to have in effect and enforce rules, regulations, policies, and/or procedures that would have prohibited such acts of malpractice and negligence from being committed;
  14. Failing to refrain from and prevent the acts of RICHARD ROE, D.O., the emergency room physicians, physician’s assistants,  nurses, assistants, and aids more fully delineated below, for which this facility and/or entity is vicariously liable;
  15. Failing to properly refrain from other acts and/or omissions to be discovered during this Notice period and/or during the course of discovery.

   24. That at all time material herein, Defendant, JAMES C. MATTHEWS, D.O., in disregard of his duties and obligations to Plaintiff and in violation of the prevailing standards of care, was guilty of negligence and malpractice by:

  1. Failing to properly, fully, and appropriately comply with the applicable standard of care in taking a history, assessing, diagnosing and treating a patient presenting with signs and symptoms of a pulmonary embolus;

 

  1. Failing to properly, fully, and appropriately obtain a thorough, accurate and complete history from JOHN DOE and/or his wife on December 1, 2010;

 

  1. Failing to properly, fully, and appropriately review all available documents and histories provided by a patient before formulating a differential diagnosis and treatment plan;

 

  1. Failing to properly, fully, and accurately chart information provided by the patient and/or his wife when obtaining a history from them;

 

  1. Failing to properly, fully, and appropriately perform a thorough examination of JOHN DOE on December 1, 2010;

 

  1. Failing to properly, fully, and appropriately formulate a differential diagnosis for JOHN DOE that included a pulmonary embolus;

 

  1. Failing to properly, fully, and appropriately understand and recognize that JOHN DOE was presenting with a history of being immobile for three (3) days, broken ribs, syncope, shortness of breath, intense pain, and decreased oxygenation on December 1, 2010, and order the appropriate laboratory and/or imaging studies to rule out a pulmonary embolus;

 

  1. Failing to properly, fully, and appropriately order and perform imaging studies, including, but not limited to, a  CT scan and/or CT angiogram, to evaluate JOHN DOE for a possible pulmonary embolus;

 

  1. Failing to properly, fully, and appropriately order blood tests, including but not limited to, PT, PTT, INR and D Dimer, on JOHN DOE on December 1, 2010;

 

  1. Failing to properly, fully, and appropriately assess JOHN DOE’s risk of having a pulmonary embolus using the Well’s criteria for such condition prior to discharging him home;

 

  1. Failing to properly, fully, and appropriately diagnose JOHN DOE’s pulmonary embolus on December 1, 2010;

 

  • Failing to properly, fully, and appropriately recognize, diagnose and treat JOHN DOE’s pulmonary embolus on December 1, 2010;

 

  1. Failing to properly, fully, and appropriately start JOHN DOE on anticoagulant therapy and admit him to the hospital on December 1, 2010;

 

  • Failing to properly, fully, and appropriately recognize JOHN DOE’s pain level had not decreased despite the administration of Toradol and Vicodin, and reassess his pain level prior to discharge;

       o. Failing to properly, fully, and appropriately recognize that JOHN DOE had a decreased oxygenation level when he presented to the emergency room on December 1, 2010, and reassess his oxygenation level prior to discharge;

 

  1. Failing to properly, fully, and appropriately refrain from discharging JOHN DOE from the hospital on December 1, 2010;

 

  1. Failing to properly, fully, and appropriately recognize that JOHN DOE’s condition was potentially fatal and not send him home;

 

  1. Failing to properly, fully, and appropriately comply with the applicable standard of care for emergency medicine physicians working in an emergency room and refrain from sending JOHN DOE home without being diagnosed with a pulmonary embolus;

 

  1. Failing to properly draft, promulgate, adopt and/or enforce appropriate rules, regulations, policies, procedures, by-laws, orders, and constitutional provisions which could and would have prevented the acts malpractice and negligence committed against these Claimants;

 

  1. Failing to have in effect and enforce rules, regulations, policies, and/or procedures that would have prohibited such acts of malpractice and negligence from being committed;

 

  1. Failing to properly refrain from other acts and/or omissions to be discovered during this Notice period and/or during the course of discovery.

 

   25. That the acts and/or omissions constituting negligence and/or malpractice of the Defendants, by and through their duly authorized agents, servants, and/or employees, as herein alleged, directly and proximately caused and/or contributed to Plaintiff's injuries. As a direct and proximate cause of Defendants’ actions, Plaintiff’s decedent, JOHN DOE, sustained had a pulmonary embolus that went undiagnosed and untreated.. As a direct and proximate result of the alleged violations of the applicable standards of care, Plaintiff’s decedent, JOHN DOE’s, pulmonary embolus went undiagnosed and he did not receive anticoagulants.  As a result of his condition going undiagnosed and his not receiving any anticoagulants, his pulmonary embolism remained until the time of his sudden death on December 3, 2010..  The manner in which the alleged violations of the standards of care were the direct and proximate cause of Plaintiff’s decedent, JOHN DOE’s, current condition is that the failure to timely diagnose and treat her ongoing signs and symptoms of infection, pressure necrosis and gangrene allowed such condition to progress to a point where her toes and foot were no longer salvageable.  As a direct and proximate result of such alleged negligence, Plaintiff’s decedent, JOHN DOE, was forced to endure excruciating pain and ultimately loss of his life.  As a direct and proximate result of the alleged breaches of the applicable standards of care, Plaintiff’s decedent, JOHN DOE, has suffered severe pain and death. Plaintiff’s decedent, JOHN DOE, is claiming that as a direct and proximate result of the above-listed violations of the standard of care, Plaintiff has lost his life that otherwise would not have happened.   As a result of the alleged breaches of the applicable standards of care, Plaintiff’s decedent, JOHN DOE, is no longer able to carry any of life’s daily activities and is no longer able to work and is unable to perform and/or enjoy many activities that he once enjoyed.   Plaintiff’s decedent, JOHN DOE, is making claims for both past and future economic and non-economic losses he has and will continue to sustain.

    26. That as a further direct and proximate result of the negligence and malpractice of the Defendants, by and through their duly authorized agents, servants and/or employees, as hereinbefore alleged, Plaintiff’s decedent, JOHN DOE, was injured as aforesaid, and as a direct and proximate result thereof, he has been caused to suffer pain, loss of life, loss of earnings and loss of earning capacity, embarrassment, humiliation, anxiety, mortification and anguish.

   27. That all of the hereinbefore named conditions, developments, and sequelae are as a consequence of Defendants’ negligence and malpractice and are permanent in nature.

  28. That the acts and/or omissions constituting negligence and/or malpractice of Defendants, and each of them, as hereinbefore alleged, directly and proximately caused and/or contributed to Plaintiff's expenses including, but not limited to, expenditures for extensive medical care and treatment, hospitalization, physicians, nurses, hospitals, medicinal substances, household services, replacement services, and other economic losses  All of these expenditures became necessary totally or partially as a consequence of Defendants' negligence and malpractice and Plaintiff's condition which requires these expenditures is permanent in nature and will continue indefinitely into the future thus requiring Plaintiff to expend similar sums and incur similar obligations.

COUNT II

MARY DOE, Plaintiff herein, by and through her attorneys, BUCKFIRE & BUCKFIRE, P.C., individually, repeats and realleges the allegations contained in Paragraphs 1 through 28 of Count I of this Complaint with the same force and effect as though more fully set forth herein.

            29. That as a result of the wrongful death of JOHN DOE, Plaintiff, MARY DOE, now brings this action pursuant to the Wrongful Death Statute of the State of Michigan.

            30. That Plaintiff, MARY DOE, is the lawful wife of Plaintiff Decedent, JOHN DOE.

            31. That Plaintiff, MARY DOE, as Personal Representative of said Deceased, is entitled to recover herein such damages as shall be deemed fair and just with reference to pecuniary injuries resulting from the death of said Decedent to those persons who may be entitled to such damages when recovered.  A fair and just measure of such pecuniary injuries, pursuant to the Wrongful Death Statute of the State of Michigan, includes the following, for which the Plaintiff makes demand:

  1. Reasonable compensation for the pain, suffering and mental anguish endured by Plaintiff's Decedent during the interim period of time extending between Defendants' negligence and malpractice and the ultimate expiration of Plaintiff's Decedent;

 

  1. The necessary and reasonable expenses incurred or paid by reason of hospital, doctors, funeral and burial expenses;

 

  1. The loss to decedent's family of her love, companionship, nurture, instruction, support and moral/physical education, religious training, affection, and comfort as well as and including loss of society;

 

  1. Loss of services of Plaintiff's Decedent which necessarily includes the value of such services as Decedent would have been accustomed to performing in the household and special services uniquely performed as a mother;

 

  1. Loss of future services of Plaintiff's Decedent including contributions which could and would have been made to her children, siblings, and relatives during her lifetime.

 

       

            WHEREFORE, Plaintiff, MARY DOE, as Personal Representative of the Estate of JOHN DOE, Deceased, and MARY DOE, Individually, claims judgment against the Defendants, XYZ HOSPITAL and RICHARD ROE, D.O., jointly and severally, for whatever amount Plaintiff is found to be entitled, as determined by the trier of fact, together with interest, costs and attorney fees.

DEMAND FOR TRIAL BY JURY IS HEREBY MADE.

                                                                               

                                                                                    Respectfully submitted,

 

                                                                                    __________________________

                                                                                    BUCKFIRE & BUCKFIRE, P.C.

                                                                                    28500 Northwestern Hwy, #890

                                                                                    Southfield, MI  48075

                                                                                    (248) 569-4646

Dated: May 2, 2013

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