Finding a Medical Malpractice Lawyer in Michigan: What You Should Know

Name: The Sam Bernstein Law Firm
Address: 26600 Telegraph Road, Suite 150, Southfield, MI, 48033, US
Telephone: 1-800-CALL-SAM

Published: April 18, 2019

Have you or someone in your family been harmed by negligence on the part of a doctor or hospital? If so, you may be entitled to significant compensation for your injuries, including pain and suffering. You may be thinking of filing a lawsuit. However, Michigan malpractice laws are complex, and building a winning case takes considerable time and legal expertise. Therefore, you will have a more successful end result when you hire a medical malpractice lawyer in Michigan.

Do You Have a Case?

What is Medical Malpractice?

When a physician or other medical provider makes a mistake that causes serious harm to a patient, it is considered medical malpractice. One of the legal principles used to determine malpractice is whether a patient suffered harm because a doctor failed to comply with “a reasonable standard of care.”

Why You Need a Medical Malpractice Lawyer in Michigan

A typical malpractice case involves a variety of complicated issues, in addition to reams of paperwork. An experienced and knowledgeable lawyer understands Michigan malpractice law and knows how to handle the most challenging situations.

Here are some examples:

Michigan has strict filing deadlines for malpractice cases

The statute of limitations for a Michigan medical malpractice claim is two years. This time period begins on the date the asserted malpractice occurred. However, after two years, plaintiffs can still file suit under certain circumstances. One condition is if the injury was not discovered, or could not have been discovered during the first two years. In those cases, plaintiffs have an additional six months. Furthermore, all claims must be filed no later than six years from of the date the medical mistake was made.

Recovering non-economic damages can be challenging

Michigan law includes a cap on non-economic damages in medical malpractice lawsuits. In addition to pain and suffering, which is often significant, non-economic damages may be awarded for other factors. These include loss of consortium (companionship), reduced enjoyment, anxiety, disfigurement and other adverse effects caused by the malpractice. These damages can also apply to negative consequences experienced by the victim’s family members.

The specified cap may be increased in certain situations, usually involving permanent injury or disability. In these cases, a medical malpractice lawyer in Michigan will help you obtain the maximum possible amount.

Proving malpractice takes experience and expertise

Accusing a physician of malpractice is a serious claim, and these cases are taken very seriously. Consequently, victims must furnish considerable proof that malpractice occurred in order to receive compensation.

In general, a plaintiff must prove a medical professional or facility was negligent, and that this negligence caused a new injury, illness or condition.

Building a successful case involves gathering and evaluating numerous medical records and other documents. A qualified malpractice lawyer has the knowledge and resources to best handle this daunting and time-consuming task.

Michigan has specific requirements for malpractice lawsuits

Notice of Intent to File Suit (NOI)

First, every plaintiff in a Michigan malpractice case has to file a written Notice of Intent to File Suit, or NOI. The defendant(s) must receive this notice at least 182 days before the suit is filed.

Affidavit of Merit

Michigan plaintiffs are also required to consult a medical professional who is knowledgeable about the relevant issues of the case. This health care professional must submit a written affidavit stating there is “reasonable and meritorious cause” for the lawsuit.

If a plaintiff fails to comply with one or both of these requirements, the lawsuit could be dismissed.

You Need a Qualified Malpractice Lawyer to Represent You at Trial

While many medical malpractice lawsuits are settled out of court, some proceed to trial before a judge and jury. If this happens, you want a malpractice lawyer with extensive courtroom experience to prepare and present your case.

Medical malpractice law is complicated, but finding the right lawyer is simple.

Call 1-800-CALL-SAM today for a free no-obligation consultation.

Sources

Do You Have a Case?

Medical Malpractice Errors Rise in Hospitals Owned by Private Equity Firms

April 9, 2024

Serious medical errors are significantly higher in hospitals owned by private equity firms.

Sam Bernstein Law Firm Sues Pharmaceutical Companies Over Exorbitant Insulin Costs

February 29, 2024

As part of our ongoing commitment to protect victims of corporate greed and malfeasance, The Sam Bernstein Law Firm filed lawsuits against...

Breast Cancer Misdiagnosis in Michigan: What Every Patient Should Know

October 26, 2022

October is Breast Cancer Awareness Month, but, unfortunately, patients are diagnosed with various kinds of cancer throughout the year.

Are Restaurants Liable For Neglecting Food Allergies?

January 18, 2022

A pleasant evening at a favorite restaurant can quickly turn disastrous if a diner has a serious allergic reaction to a meal. Approximately 32 million people across the U.S. have at least one food allergy, including one out of every 13 children. Hiring an experienced restaurant negligence attorney is the best way to ensure a successful outcome.

What Types of Cancer Are Most Commonly Misdiagnosed? Here’s What Every Patient Should Know

October 21, 2021

October is Breast Cancer Awareness Month, but, unfortunately, patients are diagnosed with various kinds of cancer throughout the year. While no one wants to learn they have cancer, an erroneous or delayed diagnosis can be even more serious.

Medical Malpractice Cases that Still Happen Today

August 31, 2021

When you visit a doctor or hospital, you expect the medical practitioners involved in your care to adhere to the utmost standards. Regrettably, this is not always the case.

Medical Malpractice Settlements: Your Questions Answered

August 17, 2021

When you visit a doctor or hospital, you expect the medical practitioners involved in your care to adhere to the utmost standards. Regrettably, this is not always the case.

Shocking Statistics Every Patient Should Know about Medical Malpractice

July 12, 2021

Medical malpractice is now the third leading cause of death in the U.S., behind cancer and heart disease.

Why You Shouldn’t Wait to File a Medical Malpractice Suit

April 8, 2020

Due to Michigan’s medical malpractice statute of limitations, you could lose your right to sue by waiting too long. Here is why you should not wait to file.

The Sam Bernstein Law Firm Mentioned Regarding Michigan Opioid Lawsuit

December 19, 2019

The Sam Bernstein Law Firm mentioned in The Detroit News regarding the Michigan opioid lawsuit, demanding drug companies to pay $1 Billion in damages.

We are proud to be an official partner of the Detroit Lions^®. We share common values including a commitment to hard work and grit in service to our clients and the community.

CONTACT US

No upfront fees. No risk. No pressure.

Put our three generations of experience to work for you. Don't wait to get the help you need! As Michigan's most experienced personal injury law firm, we've helped thousands of people just like you get the compensation they deserve. Your consultation is always free, and, with our No Fee Guarantee^®, you won't pay anything until we win your case.

indicates required fields