Michigan Medical Malpractice
Medical malpractice, or "med mal," in Michigan allows patients injured as a result of medical treatment to file suit and recover damages resulting from the loss. A Michigan med mal suit arises if a healthcare professional provides care that does not match the standard of care set by the profession and injures the patient as a result. Medical malpractice in Michigan can occur in a number of situations including:
A patient must prove that the injury suffered was the result of some sort of negligent act or omission by a healthcare professional, so any patient who feels that there is a possible medical malpractice claim in Michigan should consult a Michigan medical malpractice attorney prior to taking any action.Who May Commit Medical Malpractice in Michigan
Any people holding themselves out to be a licensed member of the medical profession in Michigan can be found liable for medical malpractice. This can include physicians, nurses, specialists, surgeons, dentists, or chiropractors. Additionally, the entity that employs the individual committing medical malpractice may be held liable for the actions of that individual. For questions on what can be included in a medical malpractice suit in Michigan, consult a Michigan med mal lawyer.
Michigan Medical Malpractice Statute of Limitations
A potential plaintiff in a Michigan medical malpractice suit must file the suit within a statutory time period in order for the action to be valid. Michigan code states the time limits as follows:
For information on when to file a medical malpractice claim in Michigan, consult a Michigan medical malpractice lawyer as soon as an injury following treatment is discovered.Damages Limitations on Michigan Medical Malpractice Claims
Michigan medical malpractice claims have a non-economic damage cap limiting the amount a plaintiff can recover for damages due to pain and suffering, inconvenience, physical impairment or disfigurement, or any other loss not related to finances. The statute sets the damage cap at $280,000 for most cases, and $500,000 if the plaintiff has suffered a serious or permanent injury. However, the statute also allows for the damage cap to increase yearly to adjust for cost of living, and currently have risen to $400,000 for most cases and $730,000 for cases involving serious or permanent injury. For questions on the non-economic damage limitation at the time a claim is filed, consult a Michigan med mal attorney prior to taking action.How to File a Medical Malpractice Claim in Michigan
Before filing a claim for medical malpractice in Michigan, an injured plaintiff must send the defendants a notice of intent to file a claim 182 days prior to filing. The notice must include detailed sections with the basis for the claim, the standard of care measuring the defendant's action, the manner in which the defendant breached the standard of care, and all the defendants responsible. Doing the necessary research and drafting this letter of notice requires a savvy understanding of legal procedure and process that is best handled by a Michigan medical malpractice attorney. A Michigan med mal attorney will be able to navigate the process of filing a claim to give a plaintiff the best chance of avoiding a dismissal on procedural grounds. Additionally, a medical malpractice claim will be met with an experienced and well-prepared defense representing the medical professionals, and a medical malpractice attorney can help even the odds. Prior to considering a med mal claim in Michigan, consult a Michigan medical malpractice attorney for assistance.
Michigan Laws Annotated