Michigan Medical Malpractice Attorney


Malpractice and Your Rights

Michigan Medical Malpractice Lawyers at Thurswell LawMedical Malpractice Lawyer: Thurswell Law has been successfully representing clients who are injured or killed by the careless or intentional acts of healthcare providers since 1968. Experience gets results.

According to the Institute of Medicine, about 98,000 patients die each year from doctor and hospital negligence. Another recent study from Harvard concluded that 18% of all patients suffer during medical care that results in severe injury or death.

No one should ever have to suffer at the hands of medical providers with whom so many of us place our trust. Most injuries and deaths could have and should have been prevented.

Call Thurswell Law today if you or your loved one has ever suffered an injury or death caused by:

You’ve trusted your hospital with your care and they’ve failed you. Now it’s our turn; we won’t charge you any fees unless we recover money for you. Call today: 1-866-354-5544

What Really Is Medical Malpractice?

The simplest definition of medical malpractice is “a careless or intentional act committed by a healthcare provider that leads to injury or death.” When a doctor, nurse, or other medical professional fails to deliver the care they have pledged to provide, their negligence can irrevocably alter the lives of their victims and the victims’ families. No one should ever have to suffer at the hands of the people they trust.

How to Know If It’s Medical Malpractice

When someone dies or is severely injured while under the care of a medical professional, the situation may be written off by the healthcare provider as something that was out of their hands or could not have been prevented. Medical negligence or medical malpractice can sometimes be tricky to identify, but it is always wise to question whether or not what you experienced qualifies as malpractice.

Sometimes, having a long-established relationship with a doctor may make you reluctant to believe that this trusted professional could have provided anything but high-quality care. People do make mistakes, but accountability must always be in place, especially when it comes to life and death.

Doctors and nurses know what is expected of them and what critical jobs they have. Every step of protocol must be followed, every exam carried out a certain way, every surgery conducted as described, every emergency handled with the best possible care, every medication carefully considered before it is prescribed.

Here are just some examples of medical malpractice:

  • Delayed Diagnosis or Misdiagnosis: It’s malpractice to not diagnose a traumatic brain injury, to neglect to notice a vital sign that signaled a bigger problem, to delay a cancer diagnosis which allows the disease to spread, or to overlook an infection that became septic. Any incorrect identification (or lack of identification) of a patient’s problem could lead to sub-par, inappropriate, or harmful treatments .
  • Surgical Errors: When TV doctors, interns, and nurses screw up, it makes for good drama. But the medial mistakes made in real life come with serious real-world consequences. The operating room is a stressful environment filled with potential problems, from the poor administration of anesthesia to the surgery causing a problem that was not preexisting. Post-operative care can become medical malpractice if patients are mishandled, given incorrect medication, or provided with inadequate instructions for caring for themselves after surgery.
  • Emergency Room Errors: Few places are more chaotic than the ER. Medical professionals who work in this environment do their jobs with adrenaline and quick-thinking, which makes it all to easy for them to be careless, act too quickly, misdiagnose, or mistreat a condition.
  • Incorrect Treatment: Innovations in medicine save lives, but utilizing experimental treatments that have not been proven may constitute medical malpractice. Similarly, prescribing a known treatment but administering it improperly can also be grounds for a case.
  • Medication Errors: When the wrong medication or wrong dosage was prescribed or administered, and the patient suffered an overdose or injury because of this mistake, it can be considered medical malpractice. A pharmacist’s error, such as mislabeled medicine, can also fall into this category.
  • Failing to Explain Risk: Before any surgery or procedure, doctors are bound by law to warn patientd of any potential known risks to their health and life. If informed consent is not given by the patient but the treatment is administered anyway – especially with a negative outcome – the doctor may be liable for medical malpractice.
  • Labor and Delivery Errors: Birth injuries like cerebral palsy can result when doctors and nurses are negligent in their care of a mother and her infant. If the child was harmed during delivery by the improper use of tools, decision-making delays that led to oxygen deprivation, or poor judgment, this negligence can fall under the category of medical malpractice.

Do You Have a Medical Malpractice Case?

If you have experienced negligence at the hands of a trusted healthcare provider – including carelessness, distraction, lack of knowledge, lack of experience, or intentional harm – and that negligence resulted in injury, impairment, permanent handicap, or wrongful death, you should talk to a Michigan medical malpractice lawyer about your case.

At Thurswell Law, we are not intimidated by hospitals, doctors, or insurance companies. We have decades of experience in managing medical malpractice cases and regularly consult with top physicians across the country. Trusted medical professionals have failed you, but we will not. It’s time for you to get the compensation you deserve for your pain, health problems, medical bills, emotional suffering, and the damage that has been done to you and your family. Contact Thurswell Law at (248) 354-2222 to schedule your free consultation.

How Michigan Medical Malpractice Cases Actually Work

It is the responsibility of medical providers to do everything in their power to keep us healthy. The actions of medical professionals, such as emergency room surgeons, pediatric doctors, and baby delivery doctors, are designed around the well-being of the patient. Most medical professionals are well-trained and prepared and do their best to care for patients. They strive to avoid mistakes that might jeopardize safety or health of those in their care.

Unfortunately, there are exceptions. Some medical professionals – doctors, nurses, anesthesiologists, and others – make negligent decisions or errors that have long-lasting and damaging effects. Such errors constitute medical malpractice.

Any one of these above examples, among others, can lead to devastating consequences for you and your family. You have the legal right to recover damages from medical malpractice. You deserve to receive fair financial compensation for your additional injuries or losses.

If you or someone you know has been injured or killed by a negligent medical professional, call a Michigan medical malpractice lawyer as soon as possible. Your ability to collect is dependent on how quickly you act.

Seeking Compensation for Your Losses and Injuries

Every medical provider should have adequate professional malpractice insurance. Injured patients can file a claim with the insurer, though the claims process can be challenging. Insurance companies will fight against liability for doctors whenever possible. You should have an experienced malpractice attorney handling your insurance claim.

If an insurance claim does not result in a favorable settlement offer, Michigan law allows patients or their family members to file a malpractice lawsuit. Medical malpractice claims are complicated in Michigan, and there are requirements that do not apply to other types of injury claims. For example:

  • You must provide proper notice of your intention to file a claim
  • You must provide all relevant medical records to the doctor for review
  • You must wait for the doctor to respond to the notice with any defenses and facts to support the defenses
  • If the doctor informs you they do not plan to settle the claim, you can file a lawsuit within a specified period of time

If you fail to follow any of these requirements, you might be unable to file a lawsuit or your case may end in dismissal.

The losses from medical errors can be substantial, and often include:

  • Costs of medical treatment you otherwise would not have needed
  • Income you lost from missing work due to your malpractice-related injuries
  • Physical and mental pain and suffering
  • Permanent injuries or impairments resulting from the malpractice
  • Damages to family members for wrongful death stemming from malpractice

An experienced medical errors lawyer will know how to calculate your damages and prove how much compensation you deserve.

A claim requires you to prove liability for malpractice as well as the amount of damages. Some evidence involved in a medical malpractice case includes:

  • Testimony from others in the emergency room, doctor’s office, hospital, or operating room about what happened. Your lawyer can often take this testimony in a deposition, where the witness answers questions under oath.
  • Information about your doctor’s training and medical experience, including educational records or performance reviews. Your lawyer has tools to obtain this information when necessary.
  • Expert analysis about what caused your injury and whether the provider fell below the requisite standard of care.

While you are dealing with serious injuries and mental distress, the last thing you need to worry about is the legal process and gathering the necessary evidence. Let our skilled legal team handle the process for you, while you focus on your recovery.

For more information about your legal rights in a medical malpractice case, call Thurswell Law today at (866) 354-5544. Our experienced and aggressive Michigan medical malpractice attorneys will help you obtain the maximum compensation that you deserve.

Wrong Side Surgery: A Medical Malpractice Example

When you go into the hospital for a surgery, be it minor or serious, you trust in the experience and expertise of the doctors and nurses performing the procedure. Most of the time, this trust is well-placed, and the medical professionals do an exemplary job of helping you heal or recover from an injury or illness.

However, certain medical professionals betray this trust, committing seriously negligent acts that result in severe injuries or even loss of life. One type of blatant Michigan medical malpractice is wrong side surgery.

Michigan wrong side surgery occurs when a medical professional operates on the wrong side of the patient’s body, making a crucial mistake that creates many additional problems. An example of wrong side surgery would be if you went in for a left hip joint replacement and instead got a new right hip joint.

Surprisingly, wrong side surgery is fairly common, causing hundreds of injuries and deaths each year. This major mistake can happen when:

  • doctors misunderstand patient’s symptoms
  • nurses mislabel surgery diagrams or body parts
  • surgeons are not paying attention

These mistakes can lead to serious injury or even death. In some instances, the failure of doctors to fix the original problem can be serious or fatal. At the least, surgeons have to go back in to correct the error and fix the original problem, which results in more medical bills and recovery time for the patient.

Wrong side surgery is almost always the fault of the medical professionals in charge of the procedure. As with similar instances of medical malpractice, the victim may be eligible to recover damages, including financial compensation for medical bills, ongoing care, missed time at work, and more.

To learn more about your legal rights in these cases, call the Michigan medical malpractice lawyers at Thurswell Law today at (866) 354-5544. You can schedule a free consultation with one of our Michigan medical malpractice attorneys at a time that is convenient for you.


(248) 354-2222
1000 Town Center, Suite 500 Southfield, MI 48075
Have a question? Contact Us for Free Case Consultation GET STARTED NOW!