Common Reason Why Most People Do Not Win Their Medical Malpractice LawsuitSome common reasons why most plaintiffs do not win their medical malpractice lawsuits include:
1. Patients do not realize they have been a victim of medical malpractice. Each year approximately 2.9 - 3.7% of patients suffer injury from a preventable medical error. Over 98,000 patients are killed because of preventable medical errors. Yet only 10,000 medical malpractice cases are filed each year.
2. No autopsy was performed after death. Very often, an autopsy is necessary to show that the medical error was the cause of death and not some other unforeseeable event. However, in some particularly blatant examples of malpractice, it is clear from medical records and hospital charts that malpractice caused the death. This is much more common than you think it is.
3. Death would have occurred anyway, even without the malpractice. Sometimes a deadly disease like cancer can go undiagnosed for years. A late diagnosis could - but does not necessarily - mean medical malpractice. An experienced medical malpractice attorney will be able to evaluate the disease and circumstances of the diagnosis to determine if you can file a successful lawsuit.
4. The plaintiff's damages are not large enough to cover the costs of the case. Although we know your case is important, the legal system is not set up to deal with low value medical malpractice cases. Michigan law makes it very difficult to win smaller medical malpractice cases because either the patient or the lawyer must pay for costly experts before the lawsuit is filed. This can cost tens of thousands of dollars for just one expert and is becoming more expensive because qualified experts who are willing to criticize a colleague are becoming harder to find. At the same time, the doctor who may have committed malpractice can very easily find a large number of his friends or colleagues who will be willing to say what a great doctor he is.
5. The plaintiff's injuries were not necessarily caused by medical malpractice. Insurance companies have standard defenses, which can include "the injury was an unpreventable result of the initial condition" or "the risk of the patient's injury was an acceptable one". Medical malpractice plaintiffs must show a very clear connection between a medical provider's negligence and their injuries.
Time Deadlines For Filing A Michigan Medical Malpractice LawsuitYou should be aware that there are strict time limitations for filing medical malpractice suits in Michigan. In general, you must file your medical malpractice claim within two years of the injury or negligent medical treatment. There are some exceptions for cases involving minors, wrongful death cases, and other situations, but you need to discuss these with a lawyer as soon as possible. If you wait too long to contact a lawyer, your claim may be destroyed.
Top Michigan Medical Malpractice Lawsuit SettlementsOur Michigan medical malpractice lawyers settle more than 95% of our cases before ever going to court. We can do the same for you. Some of our recent settlements include:
- $3,750,00 settlement against an Ann Arbor hospital for client who suffered a permanent brain injury due to improper supervision
- $625,000 settlement for pulmonary embolism causing death
- $400,000 settlement against a Detroit area hospital for failure to diagnose a patient
- $290,000 jury verdict for bed sores