Can You Sue for Medical Malpractice in Michigan?

Medical malpractice is a pressing concern in the United States. According to research by Johns Hopkins Medicine, over 250,000 patients die annually due to medical errors. In Michigan, individuals who have been victims of medical malpractice have legal recourse. If you have been injured by medical negligence in Michigan, you may be able to recover compensation with the help of a medical malpractice attorney. The attorneys of Giroux Pappas Trial Attorneys are experienced lawyers who are committed to helping victims obtain the compensation they deserve.

Who Can Sue for Medical Malpractice in Michigan?

If you have been injured by the negligence of a medical professional, you may be able to sue for medical malpractice. Some common examples of medical malpractice include:

• Surgical errors
• Medication errors
• Delayed or missed diagnosis
• Labor and delivery errors resulting in harm

Importantly, not all medical mistakes amount to malpractice. In order for a mistake to constitute malpractice, a healthcare professional must have deviated from the accepted standard of care in a given situation, with that breach being a cause of the resulting injury and damages. An attorney familiar with medical malpractice claims can review your case and determine whether you have a claim.

How Much Can You Sue for in a Michigan Medical Malpractice Case?

The amount of compensation for medical malpractice depends on the level of economic or noneconomic damages. Economic damages include:

• Medical expenses
• Lost wages
• Lost earning capacity
• Rehabilitation costs
• Other out-of-pocket expenses

Compensation for these tangible losses is determined by the actual costs incurred by the plaintiff. However, noneconomic damages are more subjective and often hard to quantify. Michigan law implements annually-reviewed statutory caps or limits for noneconomic damages. For example, in 2023, the lower cap for noneconomic damages is $537,900, while the upper cap is $960,500. This means you can be compensated for non-economic damages up to the upper limit, depending upon which cap applies to the facts of your case.

How Do I Sue for Medical Malpractice in MI?

The Michigan Bill of Rights gives medical malpractice victims the right to sue for medical negligence. With exceptions, you must typically file the malpractice lawsuit within two years following the occurrence of medical practice.

The process begins by giving the healthcare provider or facility notice of your intent to file a lawsuit at least 182 days before you actually file the lawsuit. This notice period allows for potential settlement negotiations.

If negotiations do not lead to a settlement, your Michigan personal injury attorney will file a lawsuit in the relevant court. The lawsuit will outline the allegations, including the breach of the applicable standard of care, causation, and the damages sought.

Then, the discovery phase follows, which involves gathering evidence and information from both sides. Depositions and requests for documents occur during this phase to obtain the evidence necessary to evaluate value and prepare for trial.

Consult With or Trusted Medical Malpractice Attorneys in Michigan

Victims of medical malpractice can often sue for their injuries. However, obtaining compensation can be challenging, especially when dealing with medical institutions. At our firm, we have handled numerous medical malpractice cases with successful outcomes. An experienced medical malpractice lawyer in Michigan will help you file a lawsuit and negotiate the best possible settlement or take your case to trial. Contact us today to schedule a consultation.