how to seek an attorney for wrongful medical treatment in michigan

Unlike other personal injury claims, you cannot head directly to court and file a complaint as your first step in a medical malpractice case. Instead, you must provide the doctor or other medical providers involved with proper notice of your intention to file a claim. You must provide them with written notice within 182 before you file a lawsuit.

Full Answer

How do I file a lawsuit against a doctor in Michigan?

Submit a complaint using the complaint form (BCHS-361) by mail, fax, or email. Call the toll-free Complaint Hotline at 800-882-6006.

Can you sue for medical malpractice in Michigan?

You can sue any licensed medical provider that caused you harm due to a medical error. This can include a doctor, nurse, technician, and other medical professionals. In many cases, there are multiple people who committed medical malpractice.

How long do you have to sue for medical malpractice in Michigan?

two yearsGenerally, the statute of limitations to initiate a medical malpractice claim is two years from the date of the negligent act or omission or six months from the date when the claimant discovered or should have discovered the existence of the claim, so long as the claim is brought within six years of the act or omission ...

What is medical malpractice in Michigan?

Medical malpractice, also called medical negligence, is when a hospital, clinic, doctor, nurse, or other health care professional fails to provide appropriate medical care to a patient. The negligence could be medical errors or mistakes in the diagnosis, treatment, surgery, or management of the patient.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

How long do you have to sue a doctor in Michigan?

2 years​Medical Malpractice: Generally, in Michigan, the medical malpractice statute of limitations is 2 years from the date of the negligence or 6 months from the time the patient discovers or should have discovered the alleged negligence, whichever is later. Six year repose period, with exceptions.

How do you prove medical malpractice?

To prove that medical malpractice occurred, you must be able to show all of these things:A Doctor-Patient Relationship Existed. ... The Doctor Was Negligent. ... The Doctor's Negligence Caused the Injury. ... The Injury Led to Specific Damages. ... Failure to Diagnose. ... Improper Treatment. ... Failure to Warn a Patient of Known Risks.More items...

Can I claim for medical negligence after 20 years?

Can I claim for medical negligence after 20 years? There's usually a time limit of three years for bringing a medical negligence claim. But, crucially, this can either be: Three years from the time the negligence occurred, or.

What is the cap on medical malpractice in Michigan?

For 2021, the standard cap for noneconomic damages in most malpractice cases is $476,600, while the higher cap for cases involving the permanent injuries described above is $851,000.

How do I sue a hospital in Michigan?

To sue a hospital for negligence, it must be proven that the hospital employees, including doctors and nurses, failed to provide necessary and appropriate treatment to the patient. In addition to this requirement, you must also prove that the patient suffered injury or harm as a result of this negligence.

Can I sue doctors?

Yes, you can sue when a doctor gets your illness or injury wrong. This is called "misdiagnosis" and is part of the legal field called medical malpractice. The umbrella to this legal area is personal injury law. Personal injury cases are civil cases, not criminal cases.Apr 22, 2020

Who can file a wrongful death suit in Michigan?

Who Can Sue for Wrongful Death in Michigan? The Michigan wrongful death statute gives authority to family members of the loved one to file a lawsuit for compensation for accidental deaths, fatal accidents, or intentional acts. Lawsuits can be brought by a spouse, parent, sibling, child, grandparent, or grandchild.

Filing a Claim of Hospital Negligence Michigan

Hospital negligence is a specific type of medical malpractice that involves a hospital’s administration or staff being negligent in their duties. This is distinct from other types of medical malpractice, which generally involve either physicians or medical device manufacturers making mistakes that lead to patient injury.

Origins of Hospital Negligence

Many factors can lead to hospital negligence. It can be a matter of resources, personnel issues, over-stuffed bureaucracy, and technology. Common origins include:

Filing the Claim Against a Michigan Hospital

When it comes to hospital negligence, the path to remittance and recompense, when applicable, comes in the form of a medical malpractice claim. Here, a plaintiff can accuse a hospital or medical institution of having caused preventable injury through gross negligence.

Contact Our Hospital Negligence Attorneys For a Free Consultation

If the above situations sound familiar, and you wish to learn more about your options regarding hospital negligence and filing a claim, contact us today . With such a short statute of limitations and such complex circumstances on whether a claim is deemed legitimate or not, consulting an attorney that is well-versed in the field is a must.

What is a Wrongful Death Claim?

A wrongful death claim arises when there are reasonable grounds to claim a person was killed because of the negligence or willful misconduct of another party or entity.

What Damages are Awarded for Wrongful Death?

In a Michigan wrongful death lawsuit, the plaintiff might pursue two types of damages: economic and non-economic damages. Economic damages are those with a measurable value, such as medical bills, funeral expenses, or loss of income.

Accident and Unintentional Injury Statistics

Unintentional injuries are the third leading cause of death in the United States. According to the Centers for Disease Control and Prevention (CDC), the death rate in Michigan from accidents is 50 per 100,000 or 5,422 for 2019. For the same year, 173,040 deaths occurred due to unintentional injuries in the United States.

The Most Common Types of Michigan Wrongful death Claims

The most common types of Michigan wrongful death claims are caused by:

The Michigan Wrongful Death Statute

According to the Michigan Wrongful Death Statute, the family and next of kin of the decedent can sue the party at fault for the claims the deceased person could have sued if they survived the accident. This includes compensation for economic damages, pain and suffering, and loss of companionship.

What Sets Wrongful Death Attorneys Cochran, Kroll & Associates, P.C. Apart?

At the law firm of Cochran, Kroll & Associates, P.C., we have considerable experience handling wrongful death claims in Michigan. We bring a broad range of experience to the table with successful cases across wrongful death categories, from vehicle and work accidents to medical malpractice.

Michigan Wrongful Death Lawyers

As reputable wrongful death lawyers in Michigan, we value the opportunity to give family members who have lost a loved one peace of mind by securing a financial award so they can concentrate on rebuilding their lives.

Medical Malpractice

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.

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.

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.

What are the limits for medical malpractice in Michigan?

As part of your claim, you must state the damages you seek to cover for your losses, which may include past and future medical costs, lost wages, and noneconomic damages for pain and suffering. There is no limit on the economic losses you can claim, as long as you can prove them. However, Michigan does limit noneconomic damages in medical malpractice cases, and the damage caps are regularly updated by the state government to account for inflation. The limits for 2019 are as follows: 1 $465,900 maximum 2 $832,000 maximum if any of the following apply:#N#A brain or spinal injury caused paralysis and the loss of at least one limb#N#The injury resulted in the loss of reproductive functioning#N#The injury resulted in cognitive impairments preventing the victims from living independently or alter their daily lives

How long does it take to file a medical malpractice claim?

For these reasons, our state law sets a two-year statute of limitations for medical malpractice claims. The two-year time period begins to run when the doctor made the mistake that caused your injuries. Generally speaking, if you received the improper treatment in April 2018, you would have until April 2020 to prepare and file your claim.

Can you file a malpractice claim in Michigan?

This means that before you file a claim, you should be sure you have a cause of action. This is one reason why a claim requires medical expert testimony filed with the petition. If you want to arbitrate the matter, it first must go under review of the state mediation panel for a formal evaluation.

Is Michigan a civil justice state?

The civil justice process in Michigan is always complicated with many applicable laws involved. Medical malpractice claims can be even more complex than other types of personal injury cases. It is critical to have the right lawyer on your side from the very beginning to ensure you follow all criteria and requirements for a successful claim under Michigan law.

What is the result of a brain injury?

A brain or spinal injury caused paralysis and the loss of at least one limb. The injury resulted in the loss of reproductive functioning. The injury resulted in cognitive impairments preventing the victims from living independently or alter their daily lives.

Can a doctor be liable for malpractice?

When another doctor in the field could have easily made the same error, your medical provider should not be liable for malpractice. It takes the analysis of medical experts and your legal team to determine whether the doctor acted in line with the standard of care or acted negligently.

What are some examples of wrongful death?

Examples include: Intentional killing. Car accident or motorcycle accidents due to negligence.

What is Nikole's special interest?

She has developed quality improvement and safety plans for many practices and facilities to prevent medical-legal issues and teaches several courses on data protection and privacy, legal, medical examinations and documentation, and professional ethics. She has been writing professionally on legal, business, ethics, patient advocacy, research and medico-legal issues in articles, white papers, business plans, and training courses for over thirty-five years.

What damages are included in an electric shock claim?

Financial and non-economic damages may be included in a claim for electrocution or electric shock injuries. The facts and circumstances determine the types of damages and the amount of compensation available. Common damages included in a claim for injuries sustained because of electricity include:

How to contact Clark Law Office?

Call The Clark Law Office at 517-347-6900 to schedule a free legal consultation with our Michigan electric shock accident attorney. Our entire team of legal professionals is here to provide support, guidance, and advice as you continue to recover from a traumatic event and injury.

What is liquidated damages?

The liquidated damages are equal to the total compensation paid, including interest, but excluding attorney fees. (" [A]n additional amount as liquidated damages equal to the sum of the amount described in clause (i) [the amount of wages, salary, employment benefits, or other compensation] and interest described in (ii)").

What is the 1981a Act?

§ 1981a, provides for the imposition of punitive damages against non-governmental entities where the employer “engaged in a discriminatory practice or discriminatory practices with malice or reckless indifference to the to the federally protected rights of an aggrieved individual.”.

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 c…

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Limits on Collecting Damages

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