When we seek medical care, we expect safe, careful treatment. Most of the time, healthcare providers do a good job. However, there are times when a serious mistake happens, and a patient ends up injured. If that mistake could have been avoided with proper care, it may be considered medical malpractice.

Below is what you need to know about how medical malpractice lawsuits work in Michigan.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider does not follow accepted medical standards, and a patient is harmed as a result. This can include misdiagnosing a condition, performing the wrong procedure, giving the wrong medication, or failing to treat an illness in time. Not every poor outcome is malpractice, but if the care was below the professional standard and caused harm, it may be grounds for a lawsuit.

Key Elements of a Medical Malpractice Case

In Michigan, a successful medical malpractice case must meet certain requirements. First, the healthcare provider must have been negligent, meaning they failed to act as a reasonably skilled and careful provider would have in the same situation. Second, there should be a clear connection between the mistake and the injury. The mistake must have directly caused the harm. Finally, the injury must have led to measurable damages, such as physical pain, emotional distress, added medical costs, or lost wages.

Michigan’s Legal Requirements

Michigan law includes specific steps and rules for medical malpractice lawsuits:

• Notice of Intent to Sue: Before filing a lawsuit, you must serve a written notice of intent to the healthcare provider at least 182 days in advance. This notice must include details about what went wrong and how it caused harm.
   
• Affidavit of Merit: When the lawsuit is filed, it must be accompanied by an affidavit from a qualified medical professional who supports your claim.
   
• Statute of Limitations: In most cases, you must file your lawsuit within two years of the alleged malpractice. However, there are exceptions. For instance, if you did not discover the injury right away, the deadline may be extended, but only up to a certain point. It is important to act quickly so your right to sue is not lost.

Who Can Be Sued?

Medical malpractice lawsuits in Michigan can be brought against doctors, nurses, hospitals, clinics, and other healthcare professionals or organizations. In some cases, multiple parties may be held responsible. Determining who may be liable frequently requires a careful review of medical records and expert opinions.

Potential Outcomes

If a malpractice claim is successful, the injured patient may receive compensation for both financial and personal losses. This could include coverage for medical expenses, lost wages due to time away from work, pain and suffering, and the cost of long-term care or rehabilitation. 

Conclusion

Medical malpractice lawsuits are complex and can be emotionally challenging, especially when serious injuries are involved. Understanding the basics of how these cases work in Michigan can help you know what to expect if you believe you or a loved one has been harmed by medical negligence.