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 Lawyer FAQs
What are Common Examples of Medical Malpractice?
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:
- Surgical or emergency room errors
- Physician malpractice
- Miscommunications among medical professionals
- Unsterilized medical tools
- Stroke injuries and misdiagnosis
- Pharmacy malpractice or medication errors
- Radiology errors and misread X-Rays, CT Scans and MRIs
- General lab mistakes
- Incorrect diagnosis or the failure to diagnose
- Delayed diagnosis
- Hospital infections, such as sepsis
- Plastic surgery malpractice
- VA hospital malpractice
- Birth injuries
- Anesthesia errors
- Hospital data breach
- Patient overdose
What Causes Medical Malpractice in Michigan?
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.
Can You Sue for Medical Malpractice in Michigan?
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 that suffers harm due to negligence, under Michigan law, can file a medical malpractice claim.
What is the Medical Malpractice Statute of Limitations in Michigan?
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.
Why Do You Need to Hire a Michigan Medical Malpractice Lawyer?
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 non economic damages, like pain and suffering. If your medical malpractice case entitles you to non economic 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.
What is the Average Payout for Medical Negligence in Michigan?
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.
What is the Burden of Proof for Michigan Medical Malpractice Cases?
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:
- The victim suffered an injury
- The medical professional failed to provide the recognized standard of care
- The 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 medical mistake or 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.
Who Can I Sue for Medical Malpractice in Michigan?
Many people wonder, “Can you sue a doctor for misdiagnosis?” 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 a 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.
What is the Standard of Care, and What Constitutes Medical Malpractice?
The phrase “standard of care” is used a lot 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 standard of care is determined by the factors the surround the specific treatment or medical diagnosis and 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.
How Do I Know if I Was the Victim of Medical Error?
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 to review. From here, your attorney will consult with a healthcare provider specialists 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.
Michigan Medical Malpractice Lawyers: Righting the Wrong Through Effective Legal Representation
A medical malpractice claim in Michigan 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.