Medical Malpractice

Medical Malpractice – Wrongful Death

When a person is killed because of a Michigan medical provider’s negligence, the estate may be able to bring a lawsuit on behalf of the deceased individual. These wrongful death cases could help family members recover any medical bills incurred, the loss of the deceased individual’s contribution to the family, and funeral costs. In some cases, it may be possible to recover for pain suffered by your deceased friend or family member before he ultimately passed away.

In some cases, the doctor may not be the only entity that can be sued. It may be possible to seek recovery from the hospital where the service took place, even if the doctor is a contractor who is not directly employed by the hospital. In some cases, malpractice liability could also extend to a nurse or it could be shared by multiple medical professionals.

Reviewing the Evidence and Preparing Your Case

Medical malpractice cases can be tricky, because it’s not enough just to show that something went wrong. You have to be able to show that the standard of care provided by the doctor fell below accepted medical standards. This typically requires extensive discovery, which means that someone has to talk to the doctors and nurses that were involved, review medical records, and conduct depositions. Having a lawyer who is experienced in medical malpractice can make all the difference when trying to decipher a doctor’s handwriting or figuring out the meaning of medical terminology.

If the injury party is a minor, the child has up until his tenth birthday to file a lawsuit. When the damage is to the child’s reproductive system, that time is extended to fifteen years. Not knowing about these time limits is not an excuse for missing them, so it is important to have a lawyer working for you to make sure deadlines are met.

In most cases, you will also need an expert medical witness to testify as to what the victim’s doctor did wrong. In a small percentage of cases, a doctor may amputate the wrong limb or leave a foreign object inside a patient, which makes liability clear. But usually, doctors are expected to exercise judgment when working on a patient. It may not be obvious that the doctor’s judgment fell below the required legal standard. A Michigan-based expert medical witness will be required to come in and explain why or how the defendant made a mistake. Our lawyers may be able to help you find a medical expert with experience testifying to help you win your case. We’ll also help determine the best plan for attacking any medical experts produced by the defense.

We’ll Help You Navigate the Legal System

Medical malpractice cases have strict requirements for when the case must be filed, who can or cannot be sued, affidavits of merit, and notifying the doctor in advance of your intent to sue. Most laypeople are unaware of these requirements. Because a missed deadline could mean forfeiting your right to recovery, it is important to discuss your case with an experienced Michigan medical malpractice attorney as soon as possible following your loved one’s death.

The statute of limitations for bringing a medical malpractice case is only two years after the injury occurred. In cases where the doctor’s negligence couldn’t be determined within that time period, the injured party has six months to bring the lawsuit after discovering facts that should’ve caused him to realize that the doctor made a mistake.

Limits on Collecting Damages

Michigan law limits recovery for economic damages in medical malpractice cases. These amounts are based on the type of damage incurred and are adjusted for inflation every year. Our lawyers can advise you on the current cap on damages, and will help build a case to argue for why you should get as much of that money as possible.

Our Lawyers Are Available for a Free Consultation

Doctors spend a lot of money on insurance and lawyers to help make sure they don’t have to pay for their mistakes. The best way to hold a doctor accountable is to make sure you have someone on your side, fighting for your rights. Call (269) 342-9900 to schedule an appointment for a free consultation. Our lawyers may be able to help, and there’s no charge to you until the case is resolved in your favor.

Subscribe To Our Newsletter!

Subscribe To Our Newsletter!

Join our mailing list to receive the latest news and updates from our firm.

You have Successfully Subscribed!