Southfield, Michigan Medical Malpractice Lawyer

Lipton Law’s Unique Medical Malpractice Team

At Lipton Law, we firmly believe that our medical malpractice team stands above the rest. We are unique in not only our experience but also in the way we handle our medical malpractice cases. When you retain us for your medical malpractice case, the first thing we do is a deep dive into your claim and medical records. Your case will be vetted, researched, and handled in great detail by experienced attorneys and on-staff healthcare providers.

Additionally, we don’t assign clients to new attorneys with little medical malpractice experience. Instead, our lawyers with 30-plus years of experience in med mal cases handle your claim personally. Your medical malpractice attorney will be one of the senior-level partners at our firm. The Lipton Law team aims to provide nothing but the best in legal representation.

What all this means for you is that you’ll get our top medical malpractice attorneys with years of experience and solid track records for your case. If you’re a patient about to undergo surgery, whom would you rather be leading your operation – the resident or the seasoned surgeon? Don’t settle for less than the best when it comes to your claim. Call Lipton Law today to schedule your free consultation at 248-557-1688.

Michigan Medical Malpractice Laws

When a victim’s injuries are caused by medical malpractice, they may be able to file a claim against the negligent healthcare provider responsible. Medical malpractice cases can involve doctors, nurses, anesthesiologists, pharmacists, and virtually any other medical professional. However, a patient must take certain steps and be able to prove certain facts, such as a breach in the duty of care.

Laws regarding medical malpractice in Michigan can be complex and difficult to navigate, which is why having skilled medical malpractice attorneys on your side is so important. The main law that dictates what a victim of medical malpractice must do is Section 600.2912b of the Michigan Compiled Laws.

Michigan Compiled Laws Section 600.2912b

When a victim wishes to file a claim alleging medical malpractice, they must take certain steps in the state of Michigan. Below, we outline the general steps required by Section 600.2912b.

A victim may not proceed with a claim alleging medical malpractice against a provider or facility unless they give written notice no less than 182 days before the claim is filed.

The notice must include at least all of the following information.

  • Factual basis for the claim
  • Applicable standard of care or practice alleged by the plaintiff
  • Explanation of how the standard of care was breached
  • Statement of action/s that should have been taken to comply with the standard of care
  • Explanation of how the breach caused the plaintiff’s injuries
  • Names of all health professionals and health facilities to be notified

Within 56 days of notifying the health professional or facility, the claimant must grant them access to all medical records related to the claim.

Within 154 days of receiving the notice, the health professional or facility must send a written response including the following information.

  • Factual basis for the defense
  • Explanation of the appropriate standard of care, as well as how the professional or facility complied with that standard
  • Explanation of how the alleged negligence did not cause the claimant’s injury

If the claimant does not receive a written response within the 154-day period, they may proceed with a medical malpractice claim. The claimant’s attorney must file an affidavit of merit along with the claim.

Does Michigan Have Caps on How Much You Can Recover for Medical Malpractice?

medical malpractice lawyers in michigan

A victim of medical malpractice may have extensive medical bills and other damages resulting from the alleged medical mistakes in their claim. The goal of a medical malpractice claim is to recover as much compensation as possible for those damages. However, Michigan places limits on the amount someone can recover in a medical malpractice settlement or judgment.

Economic damages are only limited to the amount that the plaintiff can prove with a reasonable degree of certainty. Noneconomic damages, on the other hand, have specific limits. This is because noneconomic damages are difficult to quantify. The limits intend to prevent awards of unreasonable amounts with no clear basis.

There are two limits for noneconomic damages in Michigan medical malpractice cases – an upper limit and a lower limit. In 2024, the upper limit is $1,016,000, and the lower limit is $569,000. To qualify for the upper limit, the plaintiff must meet the following requirements.

  • They are quadriplegic, paraplegic, or hemiplegic, having suffered complete loss of function in a limb from spinal cord or brain injuries.
  • They are unable to reproduce because of permanent damage or loss of reproductive organs.
  • The victim cannot make decisions or perform tasks associated with normal life because of impaired cognitive ability.

Medical Malpractice Statistics in Michigan

From 2004-2020, there were over 6,100 paid claims of medical malpractice in Michigan. Nearly 3,400 claimants were female, while nearly 2,700 were male. This averages out to approximately 381 paid medical malpractice claims per year.

Across the United States as a whole, a popular 2016 study from Johns Hopkins suggests that medical malpractice is the third leading cause of death. The study claims that over 250,000 people die each year from medical errors, but other studies estimate the number could be as high as 440,000.

Medical Malpractice Case Results

To have a better chance to win your case, it is crucial to seek a Michigan medical malpractice attorney with not just experience, but also clear results. At Lipton Law, we are extremely proud of our track record with medical malpractice claims. We have a consistent history of obtaining positive and significant outcomes for our clients, even in the most complicated claims.

Examples of some prominent case results we have secured for injured claimants include the following.

  • $150 million settlement for an MDL group of patients who suffered infections from contaminated steroid injections
  • $10.5M class action settlement for victims of a local pain clinic that injected patients with contaminated steroids
  • $3.15M settlement for a woman with misdiagnosed breast cancer
  • $2.9M settlement for the family of a man whose wrongful death resulted from failure to treat an aortic aneurysm
  • $2.3M settlement for a man who had a stroke that a physician failed to diagnose or treat in a timely manner
  • $700K settlement for a man whose urologist burned him during a prostate procedure

Southfield Medical Malpractice Lawyer FAQs

medical malpractice lawyers michigan

Going to the doctor or the hospital can be a daunting experience in itself. Medical errors complicate an already tenuous situation, further damaging a patient’s health.

Common types of medical malpractice include:

It is an unfortunate reality that many medical facilities, including urgent care facilities and hospitals, are understaffed and require staff members, doctors, and nurses to work long hours with few breaks. This can cause medical professionals to rush through examinations and surgical procedures, as well as skip protocol and make mistakes because they are fatigued.

Yes, if your experienced medical malpractice attorney can prove medical malpractice was to blame for your injuries. This is true even if you signed a consent form-this is where the lack of understanding comes for many medical malpractice victims.

We understand that you more than likely signed a consent form before any treatment or procedure. You’ll find the potential risks associated with your treatment and sign that you understand them. There are risks to everything, and injuries do occur even in the absence of medical malpractice or medical error.

But you never signed up to be a victim of negligent medical care. So, any patient who suffers harm due to negligence, under Michigan law, can file a medical malpractice claim.

The state of Michigan imposes a statute of limitations for medical malpractice cases. This sets parameters around the amount of time after a medical malpractice cause of action accrues for legal action. After the Michigan medical malpractice statute of limitations has expired, the injured victim is no longer able to pursue a legal claim against the negligent doctor or hospital responsible.

Michigan medical malpractice lawyers must serve a notice of Intent to File a Claim on all medical professionals and healthcare facilities that the victim wishes to sue. You must also provide a mandatory 182-day waiting period after the Notice of Intent has been filed before you can file a formal complaint.

In general, you have two years from the date of medical malpractice to file a medical negligence lawsuit in the state of Michigan. However, exceptions do exist for children and some wrongful death cases.

In some cases, the victim will have six months from the date of which they discovered or should have the existence of medical malpractice or medical negligence that contributed to his or her injuries.

Malpractice is a highly specialized area of the law. Besides a strict statute of limitations and deadlines for filing required forms and documents, you’ll also need someone who understands the multifaceted legal issues and procedures surrounding medical error cases.

While every personal injury case is different, in general, patients tend to do better when they’ve hired an experienced Michigan medical malpractice lawyer.

Medical malpractice attorneys are usually able to get more compensation for economic damages, such as lost wages or medical expenses, and noneconomic damages, like pain and suffering. If your medical malpractice case entitles you to noneconomic damages, an experienced medical malpractice lawyer will help, as these are generally more difficult to prove.

While many malpractice suits settle before court, this doesn’t always happen. If you can’t come to an agreement with the insurance company, health facility, or defendant party, you will need an experienced attorney who knows how to prepare and present the best case that malpractice occurred.

Those who suffer harm due to medical malpractice or negligence may receive a range of unfair expenses. This could include costs for additional treatment or cost of future related healthcare needs, as well as lost wages.

Michigan medical malpractice lawyers can use experience to guide victims through medical malpractice action to receive economic damages, which would include the victim’s already incurred losses as well as their future expenses.

Some of the losses that patients suffer when they are injured due to medical negligence aren’t tangible, making them hard to assign a monetary value to. Some of these non-economic damages can include pain and suffering, disability, disfigurement, loss of quality of life, and loss of companionship.

In Michigan, there is no limit on the amount of economic damages that a medical negligence victim may be awarded, and non-economic damages cap out at $445,500. However, this number may be increased to $795,500 in medical malpractice cases that involve catastrophic injuries or wrongful death.

In a medical malpractice case, the burden of proof lies with the injured. So, claimants must show that a few key points existed in order to receive compensatory damages for their medical malpractice claim.

In Michigan, this includes the following:

  • Victim suffered an injury
  • Medical professional failed to provide a recognized medical standard of care
  • Injury was proximately caused by the healthcare professional’s medical negligence

Furthermore, patients must also prove that the probability of their injuries occurring would have been 50% or less had it not been for a medical mistake or multiple medical mistakes made by their healthcare professional.

If the patient fails to establish any of these points, this may impede the ability to receive compensation for their losses, regardless of how blatant the medical malpractice lawsuit may seem.

Many people wonder, “Can you sue a doctor for misdiagnosis?” and “Can you sue for surgery complications in Michigan?” In the state of Michigan, you can sue any licensed medical provider that caused you harm due to negligence, as long as they didn’t hold up the standard of medical care.

If you were injured or suffered during surgery due to the negligence of both the treating physician and the anesthesiologist, then you can file a medical malpractice claim against both healthcare professionals.

The phrase “standard of care” is often used in personal injury and medical malpractice lawsuits. This refers to the required medical treatment that should be used by health professionals when treating a patient under the circumstances. The medical standard of care is determined by the factors that surround the specific treatment or medical diagnosis. These factors are then measured against what a reasonable physician would do under those same circumstances.

In many medical malpractice cases, medical experts disagree on whether or not the defending parties violated the standard of medical care. This is why it’s important to hire a top medical malpractice lawyer to fight on your behalf. We will do everything in our power to win your medical malpractice case.

It’s important to understand the differences between medical malpractice vs medical negligence. Read our related blog to learn more.

Most victims of medical malpractice believe that another medical professional would be honest and tell them if they were a victim of malpractice, but this is hardly ever the case. Most of the time, the only way to know is if you consult with trusted Michigan medical malpractice lawyers.

Once you’ve selected a medical malpractice lawyer and they’ve agreed to take your case, he or she will compile all of your medical records for review. From here, your attorney will consult with a healthcare provider specialist to further review the typical medical procedure against your case. After deliberation, your lawyer will let you know if you have a medical malpractice lawsuit under Michigan law.

The duration of a medical malpractice lawsuit can vary significantly depending on various factors. These include the complexity of the case, the jurisdiction in which the lawsuit is filed, and whether the parties involved are able to reach a settlement or if the case goes to trial. On average, a medical malpractice lawsuit can take anywhere from one to three years.

However, it’s essential to understand that it can be longer or shorter based on settlement negotiations with insurance companies and defendants, as well as many other factors.

Why Choose Lipton Law for Your Southfield Medical Malpractice Claim?

medical malpractice attorney michigan

Lipton Law stands out as the premier choice for Michigan medical malpractice attorneys for a multitude of compelling reasons. First and foremost, our firm boasts an exceptional track record of successfully representing victims of medical malpractice in the state. Our team of seasoned attorneys possesses an in-depth understanding of Michigan’s complex legal landscape.

We also understand the intricacies of medical malpractice cases, ensuring clients receive skilled guidance throughout the entire legal process. Moreover, our dedication to our clients’ well-being is unmatched. We are renowned for our compassionate approach, striving to provide support and empathy while aggressively advocating for our clients’ rights.

Another pivotal factor that makes Lipton Law the top choice for medical malpractice claims in Michigan is our commitment to staying at the forefront of advancements in medical and legal fields. We continuously invest in ongoing education and professional development, allowing our attorneys to stay abreast of the latest medical practices, legal precedents, and evolving regulations.

This forward-thinking approach not only enhances our ability to build compelling cases but also positions us as leaders in the field. When facing the challenges of a medical malpractice claim in Michigan, our unwavering dedication and innovation set us apart as one of the best medical malpractice law firms in Michigan.

Southfield Medical Malpractice Lawyers: Righting the Wrong Through Effective Legal Representation

A medical malpractice claim in Southfield may be filed for an individual who has suffered illness or injury as well as by the family members of a person who has died because of medical malpractice. Michigan’s medical malpractice law requires victims to prove that the at-fault party failed to meet a recognized standard of acceptable professional care and that this failure led to injuries.

At Lipton Law, our attorneys know how the law works and how to make it work to your advantage. To learn more about how we can protect your rights, contact us online or call our Southfield office at 248-557-1688 today.