Michigan Medical Malpractice Lawyer

What steps come before a Michigan malpractice lawsuit?

Several, and each one takes time. Michigan requires a written notice of intent to sue, a waiting period and an affidavit of merit before a malpractice case can move forward.

1. Obtain and review the complete medical records with a qualified physician.
2. Serve a notice of intent on each provider, describing the standard of care, how it was breached, what should have been done and how the breach caused the injury.
3. Wait through the statutory waiting period, which generally runs several months, while providers respond.
4. File the complaint with an affidavit of merit signed by a health professional who practices in the same specialty as the defendant.

Mistakes in these documents can lead to dismissal, so they are drafted carefully. Serving the notice can also pause the filing deadline for the length of the waiting period, but that rule has limits and should not be relied on at the last minute.

How long do you have to sue a Michigan doctor or hospital?

Generally 2 years from the act or omission, or 6 months after you discovered or should have discovered the claim, whichever is later. A 6-year outer limit applies in most cases.

The 6-month discovery rule helps patients whose injury was hidden, such as a surgical item left behind or a cancer missed on a scan. But 6 months goes quickly when records must be gathered, an expert retained and a notice of intent served. Claims involving children follow special rules. If you suspect an error, contact a lawyer before you are sure, not after.

What are the most common Michigan malpractice claims?

Most cases involve diagnosis, surgery, medication or childbirth. Michigan's large hospital systems and growing outpatient networks mean that care often passes through many providers, so we trace each handoff.

• Delayed diagnosis of cancer, stroke, sepsis or heart attack.
• Surgical errors, nerve damage and post-operative infections that were not caught in time.
• Medication errors in hospitals, pharmacies and nursing facilities.
• Labor and delivery injuries to mothers and babies, covered on our birth injury page.
• Neglect in long-term care, explained on our nursing home abuse page.

How do Michigan's caps and fault rules affect a recovery?

Michigan caps noneconomic damages in malpractice cases. There is a lower cap for most cases and a higher cap for specific catastrophic injuries, such as certain brain or spinal cord injuries, permanent loss of a reproductive organ or permanent cognitive impairment. Both amounts are adjusted every year. Economic damages, such as medical expenses and lost earnings, are not capped.

Comparative fault can apply when a provider claims the patient contributed to the harm. Suppose a jury values a patient's losses at $600,000 in economic damages and assigns the patient 20 percent fault for not returning for follow-up testing. The economic award becomes $480,000. Noneconomic damages are reduced the same way and then limited by the applicable cap. A patient found more than 50 percent at fault would lose noneconomic damages entirely.

What should you know about expert testimony in Michigan?

Experts must closely match the defendant's specialty. Michigan requires that an expert testifying about the standard of care generally practice or teach in the same specialty, and, if the defendant is board certified, hold the same certification.

That matching rule shapes the whole case. A family doctor's error must usually be judged by a family physician, and a neurosurgeon's error by a neurosurgeon. Finding qualified experts willing to review a case takes time, which is one more reason to start well before the deadline. Providers must also respond with their own affidavit of meritorious defense, which shows early how they plan to defend the care. Reading that response closely helps us see which issues will be contested and which experts the defense is likely to rely on at trial.

What should you gather now?

1. A list of every provider, facility and date of treatment.
2. Discharge instructions, test results and bills.
3. Notes about what you were told about the complication.
4. Names of family members who saw your condition change.

Our medical malpractice team reviews records with qualified physicians. If an error caused a death, see our Michigan wrongful death page, and our Michigan injury overview explains other state rules. The review is free, and you pay no fee unless we win.