Medical Malpractice
Lawyer

FAQs

• What is the Process to Begin a Medical Malpractice Case in Michigan?

  Filing a medical malpractice claim is a complex process with its own procedural requirements. Therefore, it’s crucial to obtain the required information with ample time before the statute of limitations expires.

  The State of Michigan also requires victims to prove that there is a factual basis for filing a medical malpractice complaint. There are 2 important requirements that must be filed before legal action can begin; the Notice of Intent and the Affidavit of Merit.

  Notice of Intent (NOI)

  Written notice must be given to the health professional(s) or health facility no less than 6 months (182 days) before legal action is taken. This is called a “Notice of Intent” and it must comply with all the statutory requirements to be eligible for consideration. To ensure this is done correctly, a medical malpractice lawyer can initiate the process by filing the claim on your behalf.

  Affidavit of Merit

  There are strict guidelines when filing a medical malpractice case against a healthcare professional. Michigan malpractice law requires the plaintiff to submit an affidavit of merit, also referred to as a certificate of merit. This is to prove that there are solid grounds for a medical malpractice case. This must be signed by a qualified healthcare professional who is licensed to practice or teach in the same field as the defendant.

  The affidavit of merit should outline what medical records were reviewed by the medical expert. It is a sworn statement that includes his or her opinion regarding the following information:

  • The medical provider owed the patient a duty of care
  • The healthcare professional failed to provide the recognized standard of care
  • Negligence of the medical professional caused the injury to the patient
  • Explanation of the reasoning that helped the medical expert come to this conclusion

• What is Medical Malpractice?

  Medical malpractice is when a health professional fails to provide the appropriate standard of care for a patient. According to a John Hopkins study, medical errors are the third-leading cause of death in the United States.

  To determine whether you have a medical malpractice case, the following 4 facts must be established:

  1. Duty of care – The medical provider owed the patient a duty of care
  2. Breach – The healthcare professional failed to provide the recognized standard of care
  3. Injury – Negligence of the medical professional caused the injury to the patient
  4. Damages – The patient’s injuries resulted in personal damages

  The laws governing Michigan medical malpractice are extremely complex and strict. You may find yourself filing a claim against the health professionals themselves or the institutions they work for. It is rare for a medical provider to admit his or her negligence. In such an intense situation, it’s in your best interests to have an experienced medical malpractice attorney by your side.

  Our Michigan medical malpractice lawyers can enlist the skills of medical experts to analyze the actions of the healthcare professional. These medical experts are qualified to determine whether he or she acted negligently. This is a valuable piece of evidence that can support your claim.

  Mike Morse Law Firm’s medical malpractice lawyers are here to answer your questions and explain the legal options available to you. We can give you the confidence and peace of mind you need to pursue the justice you deserve. Consult one of our medical malpractice attorneys to find out what your rights are.

• What are the Types of Medical Malpractice Caused By Medical Professionals?

  The majority of healthcare providers use their training and expertise to help their patients get better. Unfortunately, medical professionals can make serious mistakes. This can result in unnecessary harm or death to their patients. Medical malpractice can occur due to oversight, inexperience, tiredness, or other factors that contribute to a practitioner making a medical mistake.

  In the State of Michigan, medical errors can be classed into two categories:

  1. Error of commission – A medical provider causes injury to a patient due to negligence
  2. Error of omission – A medical professional fails to provide, omits, the required medical care needed to his or her patient

  If you have suffered personal injury from the careless actions of a healthcare worker, you may have a legal basis to file a medical malpractice claim or lawsuit against that person or the healthcare institution. There are many types of medical malpractice that can cause personal injury.

  Some common examples of negligence include:

  • Failure to diagnose a medical condition
  • Misdiagnosis of a medical condition
  • Negligence in the emergency room
  • Failure to perform surgery
  • Negligence during surgery
  • Inappropriate use of medical tools
  • Prescribing the wrong medication
  • Incorrect dosage of medication
  • Neglecting to perform required tests
  • Mismanagement of a patient’s care or treatment
  • Birth injury caused by negligence during prenatal, delivery, or postnatal care
  • Performing an unnecessary or incorrect surgery
  • Failure to administer anesthesia properly
  • Miscommunication between medical staff and the patient

  No matter the cause, a medical error can have devastating consequences that can alter a person’s life forever. If you are a victim of medical malpractice, it is important you get the right legal advice to help you through this difficult time.

  It can be overwhelming knowing where to start, but you are not alone. The team at our law firm can answer your questions and help you get the compensation you deserve.

• What Damages Are Available to Victims of Medical Malpractice in Michigan?

  Michigan medical malpractice cases can be complicated and may take a long time to resolve. We can seek significant compensation for your personal injuries caused by medical malpractice. In Michigan, there are 2 types of damages you can claim in medical malpractice cases: economic damages and non-economic damages.

  Economic damages – These are damages that can have an actual amount assigned to them. This can include costs from lost wages, past and future medical expenses, decreased earning capacity, caregiving expenses, and other out-of-pocket expenses. In the State of Michigan, there is no limit for compensation of economic damages.

  Non-economic damages – These damages are a result of the pain and suffering caused by medical negligence. Emotional and mental trauma can severely impact a patient’s life. Yet, non-economic damages can be difficult to quantify in monetary terms. The State of Michigan puts a cap on non-economic damages that a patient suffers. This amount is adjusted for inflation each year.

  Mike Morse Law Firm’s medical malpractice lawyers can review your case and help you determine what compensation is available to you. Our experienced medical malpractice attorney’s goal is to recover damages for your injuries.

  You may be able to get compensation for:

  • Lost wages
  • Past, current, and future medical expenses
  • Expenses for rehabilitation
  • Costs associated with disability or disfigurement (e.g. equipment or specialized vehicles)
  • Pain and suffering

  We are here to represent victims of medical malpractice and fight to the end to seek the maximum compensation available. To find out more about what you might be entitled to, contact one of our experienced Michigan medical malpractice lawyers for a free consultation.

• What are the Michigan Law and the Patient Bill of Rights?

  Health professionals have an ethical responsibility to provide all patients with a high standard of healthcare. Under Michigan law, patients have specific rights regarding the medical care they receive.

  This is referred to as the Michigan Patient Bill of Rights (MCL 333.20201). These rights serve to protect all medical patients in the State of Michigan. The law allows patients to access important pieces of information that can assist in building a strong case.

  If you believe your rights have been violated, an attorney well-versed in Michigan medical laws can give you the advice you need. Mike Morse Law Firm’s medical malpractice lawyers can explain what your legal rights are, what you are entitled to, and how to use the law to protect your interests.

  Above all, we can help determine whether a health provider is guilty of medical malpractice and hold that person accountable. Call us to schedule a free consultation today.

• What are the Statute of Limitations For Michigan Medical Malpractice Cases?

  Michigan legislation imposes a statute of limitations on medical malpractice cases. This means that a claimant must file their claim within the specified time. These deadlines are very strict and, if filed beyond the statute of limitations deadline, a claim can be dismissed. Generally, Michigan medical malpractice cases must be filed within 2 years from the date of the incident.

  There is a provision for those who discover that they are a victim of medical malpractice well after the incident occurred. This is referred to as the “discovery rule,” which allows a person to file a claim within 6 months from the date the malpractice issue was discovered, or from the time it should have been discovered, if the two-year claim period has already passed.

  However, before taking legal action against a medical professional, there are specific steps you must take in advance. Our legal team can help you with each step of the process.