If you or a loved one was injured due to a medical mistake or medical negligence, the doctors and hospital will rarely ever give you honest answers about what went wrong. All you want is the truth and we will get it for you.
Medical malpractice, also called "medical negligence," is when a doctor or other medical professional, fails to provide appropriate medical care to a patient. This can include failing to order appropriate tests, failing to make a proper diagnosis, and failing to recommend or give necessary treatment. A lawsuit can be filed when a patient suffers an injury, harm, or death from this medical neglect.
Our medical malpractice attorneys will get all of your medical records and review them to see if a medical error or mistake caused a serious injury or death. We will also discuss them with highly respected board-certified physicians and medical experts. If we can prove that you or someone you care about was the victim of medical negligence, we will file a lawsuit for you.
Our Michigan medical malpractice attorneys sue doctors, hospitals, and clinics for medical errors that cause injuries or death to a patient. Malpractice lawsuits seek settlements and compensation for patients harmed by medical negligence. In cases involving a patient death, we file a wrongful death lawsuit for the surviving family members.
Study: Medical Errors Now Third Leading Cause of Death in United States
More than 250,000 Americans die each year as the result of medical errors, according to a study by researchers at Johns Hopkins Medicine. The study, authored by Dr. Martin Mackary, suggests medical errors rank as the third leading cause of non-violent death -- behind heart disease and cancer -- in the United States. The category includes everything from bad doctors to more systemic issues, such as communication breakdowns when patients are handed off from one department to another.
What is Needed to Prove a Medical Malpractice Case?
Suing for medical malpractice requires more than just proving that a medical error was made or that a patient had a poor outcome. Under Michigan law, the main factors needed to prove a medical malpractice case are:
- The existence of a doctor-patient relationship (or hospital, urgent care, or clinic)
- That the medical care or treatment provided was below the acceptable standard of care, including the failure to make a medical diagnosis or provide necessary treatment for a condition.
- That the alleged negligence caused injury, harm, or death to the patient
- The patient (or estate) suffered quantifiable harm as a result of the medical malpractice, which would include pain and suffering, disability, loss of income, loss of enjoyment of life, medical expenses and other economic harm.
Can I Sue a Hospital for Medical Malpractice?
In most cases, you can sue a hospital for medical malpractice if the negligence was committed by a hospital employee or agent. This includes staff physicians, nurses, and other employees at the hospital. Hospitals are generally liable for medical errors committed by its employees.
Can I Sue a Doctor for Medical Malpractice?
You can sue a doctor for medical malpractice if the physician failed to properly diagnose a condition, treat a condition, or refer you to the appropriate medical specialist. Many doctors are employed by large practice groups or by hospitals. In many cases, both the doctor and the medical practice can be sued for negligence.
What are Common Types of Medical Malpractice & Negligence Lawsuits?
There are many types of medical malpractice and medical negligence lawsuits, including:
- Birth injuries
- Surgery errors & surgical mistakes
- Operating room mistakes
- Anesthesia mistakes
- Emergency room errors
- Radiology errors & misread x-rays
- Patient falls
- Medication mistakes & overdoses
- Hospital infections & sepsis
- Misdiagnosis of a medical condition
- Failure to diagnose a medical condition, like cancer
A hospital may be legally responsible for medical malpractice or medical neglect by a doctor or nurse. Patients can file a lawsuit against the hospital and doctors for malpractice that occurs inside a hospital. Quite often, mistakes are made by both the physicians and nursing staff and the hospital is liable for the injuries and harm caused by this medical neglect.
What is Needed To File a Medical Malpractice Lawsuit?
The Michigan medical malpractice law requires that every lawsuit alleging negligence by a licensed medical provider have an Affidavit of Merit attached to the Complaint that is filed with the court. The Affidavit of Merit is a notarized legal document signed by a physician serving as an expert witness. It sets forth the medical reasons for the expert's opinion that medical malpractice or negligence by a doctor or hospital caused injury, harm, or death to a patient.
Our lawyers work with the medical experts to obtain the Affidavit for you. In cases involving more than one negligent doctor or hospital, it may be necessary for us to get multiple Affidavits from physicians with different specialties. Once all of the Affidavits are received, a lawsuit can be filed in the circuit court for the county where the medical treatment occurred.
How are Settlement Amounts Determined in Medical Malpractice Cases?
The amount of a medical malpractice settlement depends on the strength of the evidence in proving the required legal factors for a case. Cases with the most significant injuries, or death, have the highest settlement amounts. Cases with significant economic loss, such as loss of income or large medical expenses have a higher settlement value or result in larger jury verdicts.
There is no set guideline or formula to determine the amount of a settlement. It is the experience of a skilled attorney that can determine the fair settlement based upon the factors needed to prove and win a case. Other factors include the insurance policy limits of the doctor, the severity of the injuries, and the county where the lawsuit was filed. Hospitals and insurance companies evaluate the same factors when deciding if they want to settle a lawsuit or take it to trial.
Examples of Our Michigan Medical Malpractice Settlements
Our expert medical malpractice lawyers win the highest possible settlements and jury verdicts. Below are examples of medical negligence lawsuits won by our award winning law firm.
- $ 4,100,000 Settlement against a Michigan hospital for surgical error that caused severe complications.
- $ 3,750,000 Settlement for an Ann Arbor teenager not properly supervised in the suicide wing of a hospital.
- $ 900,000 Settlement against a Saginaw hospital for misdiagnois of cauda equina syndrome.
- $ 700,000 Settlement against an emergency room doctor and hospital for failing to diagnose a stroke
- $ 625,000 Settlement in a Macomb County misdiagnosed pulmonary embolism death.
- $ 400,000 Settlement against a Detroit area emergency room for failing to diagnose frostbite for a patient.
- $ 390,000 Settlement in Port Huron for a patient who suffered serious complications after surgery.
- $ 290,000 Settlement for a Michigan woman who suffered a pressure ulcer in the intensive care unit.
We have many other settlements that could not be disclosed due to confidentiality agreements with the medical providers. Doctors, hospitals, and their malpractice insurance companies often require this provision as a part of the settlement agreement.
More Examples of Settlements in Medical Negligence Lawsuits in Michigan
- $9,000,000 medical malpractice settlement. A patient suffered severe hypoxic encephalopathy due to the delay in calling a code in the hospital emergency department. The sixteen minute delay resulted in a deprivation of oxygen which resulted in permanent injuries.
- $3,500,000 medical malpractice settlement against a Michigan hsopital and surgeon. The minor patient suffered severe and irreversible neurological deficits after undergoing surgery to repair a skeletal abnormality. The complications that resulted in the post-operative deficits were avoidable.
- $3,500,000 surgery malpractice settlement. The patient suffered a spinal cord injury due to a physician’s negligent recommendation of a procedure to fill a collapsed vertebrae. The physician ‘s failure to abandon the procedure after noting signs of neurologic injury caused the patient’s paraplegia.
- $3,100,000 stroke malpractice settlement. A patient had a stroke during a bone marrow transplant due to physician’s failure to aggressively treat his dangerously elevated blood pressure. The failure caused a left temporo-occipital intracerebral hemorrhagic stroke, leaving the patient significantly injured.
- $2,500,000 medical malpractice settlement. for a 33 year-old patient who suffered severe and permanent brain damage after an emergency room physician prescribed incorrect medication. The patient went into cardiac arrest and was resuscitated after 14 minutes, during which time he suffered significant hypoxic ischemic injury to his brain.
- $1,750,000 jury verdict against a Detroit hospital due to errors during a surgery which caused severe brain damage and let to a subsequent death.
What is the Statute of Limitations for Michigan Medical Malpractice Lawsuits?
The statute of limitations , or time limit, to file a medical malpractice lawsuit in Michigan is generally two years from the date of the injury. There are some exceptions to this deadline for cases involving minors and those involving the death of the patient. There is also the very limited "discovery rule," which may extend the filing date if the medical negligence was discovered after the two year period.
The failure to file a lawsuit within this time limit will forever bar your claim. It is very important that you speak with our medical malpractice lawyers immediately if you believe you or someone you care about was the vicitm of medical negligence. We will listen to your story and tell you if you have a case.
Find The Best Michigan Medical Malpractice Lawyers
Want the top-rated medical malpractice lawyers in Michigan? Our firm has some of the most successful medical malpractice attorneys in Michigan. The Buckfire & Buckfire, P.C. lawyers have won the top awards in the legal profession, including:
- U.S. News & World Report Best Law Firms
- "Best Michigan Personal Injury Attorney" by American Lawyer Academy
- Named Top 100 Trial Lawyers in Michigan
- Honored as "Super Lawyers"
- Top rated Medical Malpractice Lawyer by Martindale-Hubbell
- Top Martindale-Hubbell Rating (AV) for Skill & Integrity
- Members of Million Dollar Advocates Forum
Free Michigan Medical Malpractice Lawyer Consultation
You need a qualified and experienced malpractice attorney review your case. Our medical negligence attorneys will get all of the medical records and review them to find out exactly what went wrong. We will then contact one of our nationally respected medical experts to determine if the medical provider was negligence and if the medical negligence caused a serious injury.
After we consult with our experts, we will discuss the opinions with you. If there was medical malpractice that caused injury or death, we will file your medical malpractice lawsuit. We have won significant settlements in medical malpractice cases for our clients. We will do the same for you.
No Fees Unless You Win Your Michigan Medical Malpractice Case
You can afford to have the best medical malpractice law firm on your side.There is no cost whatsoever to start your case. If we cannot get you a settlement for any reason, you owe us nothing. We promise you in writing:
- No money or legal fees to get started on your case
- We pay all case costs and expenses from start to finish
- You are not charged any legal fees whatsoever unless you receive a settlement
- Phone calls, e-mails, and office visits are always free, forever
Start Your Michigan Medical Malpractice Claim
There are three easy ways to get started on your medical malpractice case. You can:
- Submit the Free Case Review Box on this page and you will be contacted shortly.
- Call (800) 606-1717 any time of day to tell us about your case.
- Chat with our online intake specialist and an attorney will call you soon.
Warning: There are strict time deadlines for filing Michigan medical malpractice lawsuits.