Medical Malpractice Lawyer Michigan
When you seek care from a healthcare provider, you anticipate receiving personalized, high-quality treatment that prioritizes your well-being. Unfortunately, there are times when doctors, hospitals, and staff fall short of this standard, resulting in serious harm and medical complications. This failure is referred to as medical malpractice.
- Medical Malpractice Lawyer Michigan
- What Is Medical Malpractice?
- How Often Does Medical Malpractice Happen in the U.S.?
- Common Examples of Medical Malpractice
- What Types of Providers Does Medical Malpractice Apply To?
- What Are Michigan Laws on Medical Malpractice?
- What Qualifies for a Medical Malpractice Lawsuit?
- Statute of Limitations for Medical Malpractice Claims
- What Damages Are Available to Victims of Medical Malpractice in Michigan?
- How Are Settlements Determined?
- What Is the Average Settlement for a Medical Malpractice Lawsuit?
- What To Expect When Working Medical Malpractice Lawyers
- Choose Us for Your Michigan Medical Malpractice Case
- FAQs
If you or a loved one has been harmed due to inadequate medical care, enlist the help of a medical malpractice lawyer in Michigan at Cochran, Kroll & Associates, P.C. Our experienced team is dedicated to securing the compensation you deserve and holding those responsible for your damages accountable. Let us help you build a strong case and seek compensation for your suffering.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in the medical field, resulting in further injury or harm to the patient. Doctors and other healthcare providers have a duty to:
- Deliver competent and appropriate care
- Accurately diagnose conditions
- Prescribe the right treatments
- Perform procedures with the necessary skill and caution.
When these duties are neglected, it can lead to medical errors, misdiagnosis, improper treatment, or surgical mistakes.
Medical malpractice is not about experiencing a poor outcome or the natural risks of medical procedures. Instead, it involves negligence or mistakes that deviate from accepted medical practices, causing preventable injury or harm.
If you were under medical supervision and suffered further injury due to the provider’s subpar care, you can take legal action with the help of a Medical malpractice lawyer in Michigan.
How Often Does Medical Malpractice Happen in the U.S.?
Medical malpractice is a significant issue in the United States. Recent studies estimate that medical errors may account for as many as 251,000 deaths annually, making them the third leading cause of death.
Approximately 400,000 hospitalized patients experience preventable harm each year due to poor medical care in the U.S. These incidents cost the healthcare system an estimated $20 billion annually, and hospital-acquired infections alone account for nearly $45 billion.
Medication errors are one of the most common types of medical malpractice. These issues lead to between 44,000 and 98,000 deaths annually and cost around $50 billion in added healthcare costs, lost productivity, and disability.
Common Examples of Medical Malpractice
Our medical malpractice attorneys in Michigan manage a wide range of claims for injury victims. Some of the most frequent cases we encounter include:
- Surgical errors. This includes mistakes such as performing surgery on the wrong site, leaving instruments inside the patient, or errors during specific surgeries like gallbladder or gastric bypass, which can result in severe complications or even paralysis.
- Birth injuries. Cases where newborns suffer from conditions like cerebral palsy, shoulder dystocia, hip dysplasia, or severe jaundice due to negligent prenatal care or mistakes during delivery. Birth injuries happen in about 1.9 per 1,000 live births.
- Anesthesia mistakes. Errors made during the administration of anesthesia can result in brain damage, severe injury, or even death. These mistakes often occur due to improper dosage, failure to monitor the patient correctly, or using the wrong type of anesthesia.
- Misdiagnosis or delayed diagnosis. Failing to correctly diagnose serious conditions like pulmonary embolism, heart attack, stroke, or cancer can lead to improper treatment and worsening of the patient’s condition. Early and accurate diagnosis is crucial to prevent severe health outcomes.
- Emergency room errors. Mistakes in an ER’s fast-paced environment, such as incorrect diagnoses, improper treatment, or overlooking critical symptoms, can have dire consequences. These errors are often due to rushed assessments or communication breakdowns.
- Medication and pharmacy errors. Incorrect prescriptions, dosage errors, or administering the wrong medication can lead to serious health issues or overdoses. These errors can occur at any stage, from prescribing to dispensing the medication.
- Radiology errors. Misinterpreting X-rays, CT scans, or MRIs can result in incorrect or delayed treatment plans. These errors occur when radiologists fail to identify or accurately interpret findings, leading to improper medical decisions.
- Early hospital discharge. Releasing patients too soon can worsen their condition and result in readmission. When the patient is not medically stable enough to leave the hospital, this constitutes malpractice, leading to preventable complications.
- Hospital infections. Acquiring infections or sepsis during a hospital stay often results from unsanitary conditions or improper care. Infections are typically preventable with proper hygiene and infection control practices, making their occurrence a form of negligence.
- Plastic surgery malpractice. Errors during cosmetic procedures can result in disfigurement or other health issues. This malpractice occurs when surgeons fail to perform the surgery correctly, causing harm to the patient.
- Laboratory mistakes. Incorrect lab results can lead to wrong diagnoses or delayed treatment. These errors happen when lab technicians mishandle samples, perform incorrect tests, or misinterpret results, affecting patient care.
- Failure to diagnose. Missing critical conditions such as bowel obstruction, perforation, or other serious illnesses can lead to severe complications. This type of malpractice occurs when doctors fail to recognize and diagnose significant medical issues in a timely manner.
What Types of Providers Does Medical Malpractice Apply To?
Medical malpractice can apply to many healthcare providers, including individual practitioners and healthcare facilities. Our Medical malpractice lawyers in Michigan can help you file a claim against the following:
- Hospitals and healthcare facilities. Institutions that provide medical care, including emergency rooms, surgical centers, and specialized clinics. All staff, such as nurses and doctors, may be responsible for the overall safety and care of patients.
- Surgeons and surgical teams. This includes general surgeons and those in sub-specialties like neurosurgery and orthopedic surgery. These professionals perform operations and are responsible for ensuring procedures are done correctly.
- Obstetricians and gynecologists (OB/GYN). Specialists in women’s health, including prenatal care, childbirth, and fertility treatments. Errors here can lead to severe birth injuries like hypoxic-ischemic encephalopathy (HIE) or fetal brain damage.
- Anesthesiologists. These professionals manage pain and administer anesthesia during surgeries. Anesthesia mistakes can result in brain damage or death.
- Primary care physicians and family doctors. These are often the first point of contact for patients and are responsible for diagnosing and managing overall health.
- Specialists in internal medicine. Includes cardiologists, nephrologists, and endocrinologists who treat specific internal organ systems and conditions.
- Radiologists. They interpret imaging studies, such as X-rays, CT scans, and MRIs, which are critical for accurate diagnosis and treatment plans.
- Emergency room staff. Physicians and nurses who work in emergency departments must quickly diagnose and treat acute medical conditions.
- Pediatricians. Doctors specializing in the medical care of infants, children, and adolescents. They play a crucial role in early diagnosis and treatment of health issues in young patients.
- Dentists and oral surgeons. Professionals who provide dental care and perform surgeries related to oral health. Mistakes can lead to serious complications and infections.
- Nursing homes and care facilities. Institutions responsible for the long-term care of elderly or disabled patients. Negligence here can result in serious injuries, infections, or abuse.
What Are Michigan Laws on Medical Malpractice?
Michigan has several state statutes that govern medical malpractice lawsuits. These statutes outline the specific requirements for filing a complaint and the necessary steps to take before a lawsuit can be initiated.
Statute | Requirement | Explanation |
MCL 600.2912d | Affidavit of Merit | A complaint must include an affidavit of merit from a qualified healthcare professional supporting the claim. This affidavit states that the expert believes malpractice occurred. |
MCL 600.2912b | Notice of Intent to Sue | Before filing a lawsuit, a Notice of Intent to Sue must be sent to the healthcare provider at least 182 days prior. The notice must detail the factual basis, standard of care breached, and resulting injury. |
Expert Witness Requirement | Expert Testimony | Expert witnesses are required to establish the standard of care and demonstrate how it was breached, resulting in injury. |
Pre-filing Procedures | Strict Compliance | Within 56 days after giving notice, the claimant must allow access to all relevant medical records and provide releases for records not in their control. The healthcare provider must also allow access to relevant records. |
Response to Notice | Written Response from Healthcare Provider within 154 Days | The healthcare provider must furnish a written response detailing the factual basis for the defense, the standard of care, how they complied with it, and how the alleged negligence was not the proximate cause of the injury. |
Commencement of Action | Action may proceed after 154 days or upon the provider’s written notice of intent not to settle within the period | If the claimant does not receive the required response within 154 days or is informed that the provider does not intend to settle, the claimant may commence a malpractice action, provided the statute of limitations has not expired. |
What Qualifies for a Medical Malpractice Lawsuit?
Your case must meet certain legal elements to qualify for a medical malpractice lawsuit. The following elements help determine whether a healthcare provider’s actions or omissions resulted in harm:
- Causation. Did the act or omission result in a negative outcome? For example, did the failure to diagnose sepsis lead to the patient’s death, or was it attributable to a pre-existing condition such as a history of myocardial infarction? Establishing causation requires showing that the physician’s direct error caused the adverse outcome.
- Duty to the patient. Did the doctor have a responsibility for this patient’s care? For example, if the doctor received a call about a patient in the emergency department at 3 a.m., did that constitute a duty to provide treatment? Duty can be established by showing the physician was responsible for the patient’s care, either directly or by covering for a colleague.
- Negligence or breach of duty. Was the clinician negligent in taking care of this patient? This involves determining whether the standard of care was met. Examples of negligence might be performing surgery in a non-sterile environment or incorrectly using tools like forceps during delivery.
- Damages. Did the alleged malpractice result in compensation-worthy harm? This could include medical bills, loss of income, or exemplary damages. The question is whether the malpractice act warrants financial compensation for the patient or their family.
Statute of Limitations for Medical Malpractice Claims
At Cochran, Kroll & Associates, P.C., our experienced attorneys understand the importance of filing your medical malpractice claim within the statute of limitations. The following breaks down your timeline to file based on the specific type of malpractice for your claim, but specific facts can limit or extend the statute of limitations. A careful analysis is necessary to properly calculate the medical malpractice statute of limitations since the filing of the Notice of Intent (NOI) will toll the statute of limitations:
- General. Within two years of the negligent act or omission.
- Exceptions. Up to six years from the date of the injury if the cause was unknown; within six months of discovering the injury if it resulted in the inability to procreate or concealed evidence.
- Birth Injuries: If the injury to the child occurs under the age of 8, the lawsuit must be filed on or before the child’s 10 th birthday. However, before the lawsuit can be filed, an Notice of Intent (NOI) must be filed 182 days before the complaint can be filed.
- Wrongful Death. Within two years of the death. If discovered later, it may qualify under the law of discovery. However, the appointment of a personal representative for the estate may limit or extend the statute of limitations.
What Damages Are Available to Victims of Medical Malpractice in Michigan?
You might be entitled to damages if you’ve been a victim of medical malpractice in Michigan. At Cochran, Kroll & Associates, P.C., our attorneys can assist you in seeking the following:
- Economic damages. These include financial compensation for medical expenses such as hospital bills, rehabilitation, medication costs, and future medical care. If the malpractice affects your ability to work, you can also claim lost wages and loss of future earning capacity.
- Noneconomic damages. These cover pain and suffering, emotional distress, loss of companionship, and diminished quality of life. In Michigan, noneconomic damages are capped at $280,000, or $500,000 in cases involving severe injuries like paralysis or cognitive impairment.
- Exemplary damages. In some cases, you may be awarded exemplary damages intended to punish the healthcare provider for particularly reckless or egregious conduct.
- Wrongful death damages. If a loved one has died due to medical malpractice, you can seek compensation for funeral expenses, loss of financial support, and loss of companionship.
How Are Settlements Determined?
At Cochran, Kroll & Associates, P.C., our attorneys carefully calculate your settlement to ensure you receive fair compensation. We start by determining your economic damages, which include medical bills, lost wages, future earning potential, and rehabilitation costs. We add up all these expenses and consult with financial and medical experts to assess future costs accurately.
Next, we evaluate non-economic damages, such as pain and suffering, emotional distress, and loss of companionship. Often, we use the multiplier method for this calculation, where we multiply your economic damages by a number (typically between 1.5 and 5) based on the severity of your case. This approach considers all aspects of your suffering in the settlement.
Eileen Kroll plays a pivotal role in our medical malpractice team. With a background as a registered nurse in the surgical intensive care unit and over 30 years of legal experience, she brings a unique perspective to each case. Eileen’s proficiency in the medical and legal fields allows her to analyze the complexities of medical malpractice claims thoroughly.
She handles all aspects of litigation, from investigating medical records to negotiating settlements. Eileen’s dedication to her clients is evident in her impressive track record, including multi-million dollar settlements for severe injuries. Her dual expertise ensures that our clients receive the highest quality of representation and the best possible outcomes.
What Is the Average Settlement for a Medical Malpractice Lawsuit?
Every medical malpractice case is unique—making it hard to determine the average settlement for victims in Michigan. However, our skilled team has won multi-million dollar verdicts for clients harmed by negligent medical care.
The following settlement examples from our firm can give you an idea of the possible compensation you could receive:
- $15.8 million – largest Michigan award. A young couple from Monroe, Michigan, received a $15.8 million verdict after their baby, Jason, developed cerebral palsy due to a hospital error during labor. This award covered pain and suffering, medical expenses, and future care needs.
- $930,000 – emergency center malpractice. In Flint, Michigan, a seven-week-old infant died from dehydration after being misdiagnosed and sent home from the emergency room. The lawsuit against the negligent doctor resulted in a $930,000 verdict for the family.
- $3.8 Million – birth trauma. In Southern Michigan, a child developed cerebral palsy and developmental delays due to a lack of oxygen and brain injury during labor and delivery. We won the family a settlement of $3.8 million.
- $9 Million – misdiagnosis. In Wayne County, Michigan, a patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding, delaying treatment for more than 14 hours. The settlement reached was $9 million.
What To Expect When Working Medical Malpractice Lawyers
When you partner with the medical malpractice lawyers at our firm, you can expect thorough and committed representation. Here are the steps our attorneys will take to support your case:
- Initial consultation. We carefully listen to your story, review your medical records, and provide a detailed assessment of your claim’s viability, ensuring you fully understand your legal options.
- Comprehensive investigation. Our team will collect critical evidence, such as medical records, witness statements, and expert opinions, carefully constructing a solid case to support your claim.
- Expert collaboration. We collaborate with top medical experts to define the standard of care that was violated and clearly show how this breach led to your injury.
- Filing your claim. We manage all the legal documentation and procedural requirements to ensure your claim is filed within the statute of limitations and adheres to all legal standards.
- Aggressive negotiation. Our experienced attorneys are strong negotiators who fight to secure a fair settlement on your behalf.
- Relentless trial representation. If a settlement cannot be reached, our skilled trial attorneys will represent you in court, advocating vigorously to obtain the compensation you deserve.
- Clear and consistent communication. We keep you updated throughout the process, offering clear and compassionate guidance while promptly addressing all your concerns.
Choose Us for Your Michigan Medical Malpractice Case
If you or a loved one has been harmed by negligent medical care, you deserve compensation for your injuries and other losses. At Cochran, Kroll & Associates, P.C., our Medical malpractice lawyers in Michigan provide thorough and compassionate representation for your medical malpractice case.
With our unique combination of legal and medical knowledge, led by professionals like Terry Cochran and Eileen Kroll, we ensure you receive high-quality care and attention. We are committed to advocating for your rights and winning the maximum compensation you deserve.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
FAQs:
Can I sue a doctor for medical negligence?
You can pursue legal action against a doctor for medical negligence if their failure to meet the expected standard of care causes harm or injury. Gathering evidence and consulting with a qualified medical malpractice attorney is crucial to evaluating the strength of your case and effectively navigating the legal process.
How long does it take for a medical malpractice lawsuit?
The duration of a medical malpractice lawsuit depends on the specific details of your case. It usually takes several months to a few years to resolve, influenced by factors such as the case’s complexity, the need for expert testimony, and whether the case settles or proceeds to trial.
How much can I sue for in a Michigan medical malpractice lawsuit?
In Michigan, non-economic damages in medical malpractice cases are capped at $280,000. However, for cases involving catastrophic injury or death, the cap increases to $500,000. Economic damages, such as medical bills and lost wages, are not capped and can be claimed based on actual losses incurred.
Do most medical malpractice cases settle or go to trial?
Most medical malpractice cases are settled before reaching trial. Settling can benefit both parties by avoiding the uncertainty, time, and costs of a trial. However, some cases will proceed to trial if a fair settlement cannot be agreed upon.
How much do lawyers charge for medical malpractice cases?
Medical malpractice lawyers generally work on a contingency fee basis, meaning they only receive payment if you win your case. Their fee is typically a percentage of the settlement or award, depending on the case’s complexity and the agreement with the attorney. In Michigan, contingency fees are capped at 33% and cannot exceed this amount without special court approval.