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Obtaining Record-Setting Verdicts In Michigan & Nationwide
In moments of vulnerability, we entrust our well-being to medical professionals upon whom our lives depend. While the majority of doctors, nurses, and hospitals strive to provide exceptional care, preventable harm and death do occur each year from medical negligence.
If you are a victim of medical malpractice, you deserve compensation for the harm you suffered at the hands of negligent medical professionals. Our attorneys at Fieger Law are recognized as among the top medical malpractice lawyers in the country. We are ready to fight on your behalf, helping you hold responsible parties accountable and receive the settlement you’re owed.
What Is Medical Malpractice?
If you’ve suffered from medical negligence in Michigan, you deserve full compensation.
Medical malpractice happens when a provider fails to meet the accepted standard of care. You may have a case if you experienced:
- Elder malpractice
- General negligence
- Hospital negligence
- Nursing errors
- Unprofessional conduct
Local Medical Resources and Support in Metro Detroit
If you or a loved one has suffered medical harm in Southeast Michigan, here are important resources you may need during recovery:
Nearby Hospitals:
Henry Ford Hospital Detroit: Level I trauma center and teaching hospital
Beaumont Hospital Royal Oak: Renowned surgical and emergency care
Henry Ford Occupational Health Clinic: Return-to-work evaluations and injury recovery programs
How Medical Negligence Occurs
Medical negligence interferes with patients’ lives and erodes individuals’ trust in the healthcare system. In Michigan, harm is caused by preventable mistakes of individuals or institutions, and patients are left with physical and emotional scars.
Being aware of these failures enables the victims to seek justice. At Fieger Law, we fight to hold those who are negligent accountable for harm they cause while working hard to get victims the compensation they deserve.
Both personal errors and system failures can cause negligence. Some of the common causes are:
- Provider Fatigue: Doctors or nurses who are tired after long work shifts in stressful environments, such as emergency rooms, can make incorrect diagnoses or miss important signs. For example, a fatigued surgeon may misinterpret a chart, leading to a surgical error.
- Poor Training: Inexperienced providers can fail to diagnose a patient, including confusing heart attack symptoms with indigestion, because of a lack of skills or knowledge.
- Communication Failures: Lack of coordination among hospital employees, such as the failure to communicate the allergy history of a patient, may lead to dangerous medication errors.
- Overcrowded Hospitals: Facilities that are stretched too thin, which is common in Detroit’s urban core, often provide hasty and improper care. Nurses juggling too many patients may overlook a declining condition, risking patient safety.
- Poor Hygiene Standards: The failure to sterilize equipment or maintain clean operating rooms may lead to life-threatening infections.
- Poor Maintenance of Equipment: Unmonitored equipment, including a faulty ventilator, may break down in the middle of critical care and lead to disastrous results.
- Inadequate Patient Monitoring: Failure to track a patient’s progress may result in unnoticed complications, such as the inability to detect an infection in a patient recovering from surgery. Medical providers may not notice minor changes in vital signs, which will lead to a delay in treatment and result in damage such as organ failure.
These lapses breach the standard of care that patients are entitled to. A fatigued physician who ignores sanitation standards can trigger life-changing consequences, ranging from mounting medical bills to lost income and emotional distress. Recognizing these issues is the first step toward accountability.
Our award-winning attorneys at Fieger Law thoroughly investigate negligence. We gather medical records and ensure your case meets Michigan’s strict two-year statute of limitations for malpractice claims. If you or your loved ones have suffered due to medical negligence, you’re not alone. Contact us today for a free consultation to protect your rights and pursue justice.
Financial Compensation in Medical Malpractice
If you’ve been a victim of medical malpractice, you have the right to seek compensation for the harm you’ve endured. This can encompass various damages, including medical expenses, lost income, and compensation for pain and suffering.
In cases of severe misconduct, exemplary measures may also be pursued. At Fieger Law, our experienced attorneys are dedicated to helping you recover these damages through a settlement with the responsible party and their insurer.
| Type of Compensation | Description | Purpose |
| Medical Expenses | Costs for past and future medical care, including surgeries, hospital stays, medications, and rehabilitation. | To cover all healthcare-related expenses incurred due to the malpractice. |
| Lost Income | Income lost due to inability to work, both past lost income and future earnings potential. | To compensate for the financial loss and secure future living expenses. |
| Pain and Suffering | Compensation for physical pain, emotional distress, and diminished quality of life. | To acknowledge and provide relief for non-economic harm suffered. |
Recent Case Results
$8.0 Million
$2.0 Million
Statute of Limitations for Medical Malpractice Claims
In Michigan, the statute of limitations for medical malpractice claims sets a deadline for filing a lawsuit against healthcare providers. Understanding these time limits is crucial to preserving your right to seek compensation for damages. You could lose the right to financial support if you don’t initiate your claim in time.
Here’s an overview of the state’s statutes of limitations for medical malpractice claims:
- General Deadline: You have two years from the date of the malpractice or from when the injury was (or should have been) discovered to file a claim. However, if you were under 18 or mentally incapacitated at the time the claim occurred, you get one year after the disability is removed to file, even if the standard limitations period has passed.
- Minors Under 8 Years Old: If the claimant is a minor under 8 when the claim happens, they have until their 10th birthday or the standard two-year period to file, whichever provides more time.
- Minors and Reproductive System Injuries: For minors under 13 at the time of injury to the reproductive system, the deadline extends to the 15th birthday or within the two-year period, whichever is later. The standard two-year limitations apply for those 13 or older at the time of such an injury.
- Ultimate Cut-Off: A 6-year statute of repose applies, limiting the time to file a claim from the date of the act or omission, with few exceptions. For instance, if the defendant knowingly hid or destroyed evidence to delay the claim.
After understanding the timeline to act, the next step is knowing how the process works.
How to File a Medical Malpractice Claim in Michigan
Filing a medical malpractice claim in Michigan involves several specific legal steps requiring the careful eyes of an attorney. Here’s what you need to know:
1. You Must Give Advance Notice
Before filing a lawsuit, you must send a written notice of intent to the healthcare provider or facility. This notice must be sent at least 182 days before the lawsuit is officially filed. The notice must include:
- The facts behind your claim
- The standard of medical care that should have been followed
- How that standard was not met
- How their mistake caused your injury
- What the provider should have done differently
- The names of all individuals and facilities involved
If you’ve already sent a notice to some providers and later discovered others who were involved, a shorter 91-day notice period may apply for those additional parties.
2. You and the Provider Must Share Medical Records
Within 56 days of sending or receiving the notice, both you and the provider must allow access to all medical records related to the claim. You may also need to sign a release form for records you don’t directly control.
3. The Provider Must Respond in Writing
The healthcare provider or facility has 154 days after receiving the notice to respond in writing. Their response must explain why they believe they met the proper standard of care and why they don’t think their actions caused your injury. If they don’t respond after 154 days, you can proceed to file your lawsuit with the help of your attorney.
4. You Must File an Affidavit of Merit
When you file your lawsuit, you also need to submit an affidavit of merit. This is a document signed by a qualified medical professional who has reviewed your case. It must explain the medical standard that should have been followed, how the provider failed to meet that standard, and finally, how this failure caused you injury.
You may ask the court for up to 28 extra days to file this affidavit, if needed. However, if due to unforeseen events, such as not receiving access to your medical records in time, you may also be given up to 91 days after filing the lawsuit to submit it.
5. The Defendant Can File a Defense Affidavit
The healthcare provider may file their own affidavit of meritorious defense. This must be signed by a qualified expert who reviewed your complaint and records. It explains why they believe they acted properly and that their actions did not cause your injury.
6. You Must Prove Negligence
In court, it’s your responsibility, with the help of your attorney, to prove that the provider did not meet the accepted medical standard of care for their specialty or community. You must also prove how this failure directly caused your injury.
The opportunity to avoid the harm was greater than 50% (you cannot sue just for a lost “chance” unless it was more likely than not). This is why you need competent representation, such as Fieger Law. We have years of experience proving and winning cases like yours.
7. You Waive Some Privacy Rights
Once you give notice or file a malpractice claim, you give up certain medical privacy rights for the purposes of the case. This allows the provider and their legal team to access and discuss your relevant medical history as part of their defense.
Common Challenges in Medical Malpractice Cases
Medical malpractice cases are inherently challenging due to the specific demands of proving negligence and the complexity of medical evidence. At Fieger Law, we’re equipped to address these obstacles head-on, prove your case, and obtain a fair outcome:
- Proving Negligence: One major challenge is proving that a healthcare provider’s conduct fell below the accepted standard of care. We overcome this obstacle by drawing on extensive legal expertise and a strong network of medical professionals to establish negligence.
- Complex Medical Evidence: The technical nature of medical records and terminology often complicates medical malpractice claims. Our attorneys are skilled at simplifying complex medical information, making it clear and persuasive for both judges and juries.
- Expert Testimony: The credibility and clarity of expert witnesses are vital in validating the extent of malpractice. We have access to a wide range of medical professionals ready to provide clear, convincing testimony that bolsters your case, including:
- Surgeons: They can offer insights into surgical standards, procedures, and whether there was a deviation from the accepted medical practices.
- General Practitioners: They can testify about the standard care expected in non-specialist settings and whether the treatment met those standards.
- Nurses: Their testimony can highlight the standard of care in patient monitoring, administration of medication, and communication between medical staff and patients.
- Specialists: They can provide detailed information on the standard of care for specific conditions, treatments, and whether the actions taken were appropriate. For instance, we can consult a neonatologist or pediatrician for birth injury cases.
- Pharmacists: They can discuss medication errors, including improper medication selection, dosage errors, and drug interactions.
- Medical Ethicists: They can address breaches in patient consent and autonomy, confidentiality issues, and other ethical violations in medical practice.
- Radiologists: They can offer expertise on imaging studies, interpreting results correctly, and whether appropriate diagnostic tests were ordered and interpreted correctly.
- Pathologists: Their input can be crucial in cases involving misdiagnosis or delayed diagnosis, especially in interpreting laboratory results and biopsy specimens.
Fieger Law: Medical Malpractice Lawyers That Fight for You
The award-winning attorneys at Fieger Law will investigate what happened and get you the financial compensation you deserve for your medical malpractice claim.
The Fieger Law Firm has won record-setting medical malpractice verdicts and settlements for clients who have been victims of medical mistakes, including:
- $136.7 Million Medical Malpractice
- $135 Million Medical Malpractice
- $40 Million Medical Malpractice
