COMMITED TO JUSTICE
in Detroit and Beyond
Medical Malpractice
Grand Rapids, Detroit, and Traverse City Attorneys Serving Health Care Negligence Victims
Doctors and other health care providers are human, and, like everyone else, sometimes they make mistakes. However, some of these mistakes have serious consequences, necessitating further medical care. Others end in tragedy. Patients and families affected by medical negligence can pursue a Michigan medical malpractice claim against the provider responsible for their injuries. However, determining whether a particular event constitutes medical malpractice may require an analysis of medical records and other evidence by an experienced injury attorney and a doctor or nurse.
If you suffer a harmful outcome due to a medical error, reach out to the Traverse City medical malpractice lawyers at the Neumann Law Group. At the Neumann Law Group, we have over a century of experience successfully representing patients and grieving families in all types of medical negligence cases and know what it takes to ensure your family obtains the justice they deserve.
Types of Medical Malpractice Cases
Medical malpractice occurs anytime a healthcare provider fails to render care that is up to the applicable standard of care. While there are many different types of medical malpractice claims in Michigan, some of the most common include:
Holding a Medical Professional Liable for Malpractice
Medical malpractice occurs when a healthcare professional fails to comply with the applicable standard of care, thereby causing harm to a patient. To establish the applicable standard of care and causation, the plaintiff will need to present an expert witness. The expert will need to be a licensed healthcare professional who practices or teaches in the same specialty as the defendant in the case, and the expert must have the same board certifications. The opinion is admitted only if the court determines it is reliable and will help the trier of fact.
Particularly in Michigan, you must comply with special requirements if you file a malpractice lawsuit. You will need to file your claim within two years of the malpractice date or six months from the date on which you discovered there was malpractice. There are some limited exceptions. However, you should consult an attorney right away to make sure that the attorney has time to evaluate whether your claim is viable.
Among other procedural requirements, your attorney will also need to secure an affidavit of merit in which an expert certifies that your claim contains evidence of malpractice. The affidavit will need to set forth the applicable standard of care, the opinion that the defendant breached this standard, the actions that should have been taken by the defendant to avoid the breach, and how the breach was a proximate (legal) cause of your injury. The defendant is required to answer with a similar affidavit that he or she has a meritorious defense.
Damages in Michigan Medical Malpractice Cases
In Michigan, there is a cap on non-economic damages in medical malpractice lawsuits. These are damages that involve a subjective assessment, such as pain and suffering or mental anguish. The cap, when it was set in 1993, was $280,000, except when the plaintiff suffered spinal cord or brain injury, cognitive impairment, or loss of reproductive activity, in which case the cap was $500,000. These amounts have increased yearly based on the consumer price index. In 2023, the lower cap was $537,900, and the upper cap was $960,500.
Currently, there is no cap on tangible economic damages, such as medical expenses, lost earning capacity, and lost wages.
Have You Been the Victim of Negligent Medical Care?
If you have been injured or have lost a loved one due to negligence by a healthcare provider, give the Traverse City medical malpractice attorneys at the Neumann Law Group a call to learn more about your rights. Kelly Neumann is an award-winning personal injury and wrongful death lawyer who has consistently obtained millions of dollars for her clients each year over the past several years. We also represent victims of medical malpractice in Flint, Detroit, Lansing, Kalamazoo, Wyoming, Saginaw, Midland, Muskegon, Holland, Ann Arbor, Warren, Dearborn, Petoskey, and throughout the Lower & Upper Peninsulas of Michigan, as well as the Boston and metro Boston areas. Neumann Law Group also represents injured individuals in the Los Angeles and Orange County areas in California. To learn more, and to schedule a free consultation today, give the Traverse City personal injury lawyers at the Neumann Law Group a call at 800-525-6386. You can also connect with us through our online contact form. Calling is free, and we will not bill you for our services unless and until we can connect you with the compensation you deserve.