By: Bruce A. Inosencio, Jr.
Michigan courts have found healthcare providers liable for medical malpractice for birth injuries, medication mistakes, patient falls, failing to recommend or provide treatment needed by the patient, failure to properly diagnose a condition, failing to order appropriate tests, hospital infections, surgery mistakes, and many other reasons. Reviewing medical records to determine what happened is often a difficult and time-confusing process. Inosencio & Fisk, PLLC, assists its medical malpractice clients in obtaining all of their medical records so we can help determine whether a medical error or mistake caused a serious injury or death. We will also review the medical records with knowledgeable medical experts who understand your specific medical issues.
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 will file a wrongful death lawsuit for the surviving family members in the event that we cannot reach a settlement for you.
Before filing a lawsuit in Michigan for medical malpractice, however, we work with our clients to determine if their case involves more than just a medical error or a poor outcome. Under Michigan law, we will need to establish that the medical care or treatment provided was below the acceptable standard of care. We also need to be able to prove that it was the medical care or treatment provided (or not provided) that caused the injury or death to the patient.
One of the most important aspects of every Michigan medical malpractice case is the statute of limitations. Michigan has a relatively short statute of limitations for medical malpractice cases. And, if the medical malpractice involves a college hospital, a university hospital, or other healthcare provider that is an employee or agent of the State of Michigan, a Notice of Intention must be filed with the Court of Claims within six months of the incident. The deadline for filing a Notice of Intention is strictly enforced, but should not be confused with the Notice of Intent. While a Notice of Intention is required, for example, in cases involving doctors and nurses working for clinics and hospitals operated by colleges and universities in Michigan, a Notice of Intention may not be need to be filed if the medical malpractice did not involve a college or university hospital or a doctor or nurse employed there. A Notice of Intent, on the other hand, is required in all medical malpractice cases in Michigan. These documents are easily confused, but Inosencio Fisk will make sure that you understand the difference and don’t miss the deadline so your case is not barred by the statute of limitations.
The law in Michigan also requires that every medical malpractice plaintiff file an Affidavit of Merit along with the lawsuit filed with the court. The Affidavit of Merit is a legal document signed by a physician serving as an expert witness. It lists 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.
This website and the contents thereof is designed for general information only and information should not be considered as formal legal advice nor the formation of an attorney/client relationship. The purpose of this post is to provide a brief and cursory overview of medical malpractice. It is important to consult with an attorney as there are various other implications that should be taken into consideration when it comes to a claim for medical malpractice.
If you have any questions regarding regarding this blog post, please contact Inosencio & Fisk, PLLC, at (517) 796-1444. We look forward to helping you.