© 2025 - Copyright Thurswell Law | All rights reserved.
Doctors take an oath to do no harm when they diagnose, cure, and treat illness and disease, and they have a legal obligation to provide an acceptable “standard of care” to patients. When doctors, other medical professionals, and medical facilities fail to provide proper and adequate care, causing harm or death to a patient, it devastates families.
In addition to the physical pain of injury, and likely accompanying financial burden, medical malpractice can cause severe emotional harm because it damages the trust a patient places in a doctor. Our Michigan medical malpractice lawyers can help you seek compensation through a personal injury claim.
The Medical Malpractice Lawyers at Thurswell Law have been successfully representing clients in Michigan who are injured or killed by the careless or intentional acts of healthcare providers since 1968. Experience gets results.
If you or a loved one have suffered harm at the hands of a medical professional, Michigan law entitles you to seek compensation for damages related to your injury. Contact the experienced Michigan medical malpractice attorneys at Thurswell Law at (248) 354-2222 for a free, no-obligation consultation to learn how we can help you hold doctors and facilities accountable for their negligence.
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: (248) 354-2222
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.
From a legal standpoint, medical malpractice occurs when a facility or medical professional causes injury to a patient through a negligent act or omission. Not all injuries which occur in a health care setting qualify as medical malpractice. An attorney in Michigan can advise you on your particular situation, but medical malpractice generally occurs during diagnosis, treatment, or aftercare. Some examples of negligent acts which might lead to a medical malpractice claim include:
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 a few explanations of some examples of medical malpractice:
If you have suffered harm as a result of medical malpractice, Michigan law gives you a limited amount of time to take legal action against the medical professional and/or facility. The exact amount of time varies based on the situation. An attorney can advise you on the statute of limitations for your situation.
Michigan, like most states, has strict procedural requirements for filing a medical malpractice lawsuit, which include:
Before you file a medical malpractice lawsuit in Michigan, you must file a Notice of Intent to File Suit. Your Notice of Intent must be in writing and served upon any potential defendants no later than 182 days before filing a lawsuit. Defendants have 154 days to respond to the notice; if they fail to respond, you can proceed with the lawsuit.
You must also submit an affidavit of merit from licensed medical professional teaching or practicing in the same specialty area as the doctor who allegedly committed malpractice. The affidavit must provide the standard of care which applies to your case, the way in which the medical professional breached that standard, actions the defendant should have taken to prevent the breach, and the how the breach of duty led to your injuries.
In the event you file a lawsuit and the court rules in your favor, you might recover the following economic and non-economic damages:
Michigan law caps damages in medical malpractice lawsuits with increases for inflation each year. The cap can increase in the following scenarios:
Those named in a medical malpractice lawsuit will go the extra mile to avoid paying claims and damages. One common defense tactic is to argue the plaintiff was responsible for his or her own injuries. Michigan applies “comparative fault” to malpractice cases to assess the extent to which a plaintiff might be at fault for injuries. The court or jury assigns a percentage portion of fault to each party in a lawsuit. If the court or jury rules in favor of the plaintiff, it will reduce any award by the percentage of fault assigned to the plaintiff.
Michigan law bars plaintiffs from collecting damages if they are 50 percent or more at fault for their injury. This motivates the defense to shift the blame to the victim. An experienced Michigan medical malpractice attorney can anticipate these tactics and aggressively pursue the best outcome for your case.
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 medical malpractice lawyer in Michigan as soon as possible. Your ability to collect is dependent on how quickly you act.
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:
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:
An experienced medical errors lawyer in Michigan 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:
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 (248) 354-2222. Our experienced and aggressive attorneys will help you obtain the maximum compensation that you deserve.
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:
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 (248) 354-2222. You can schedule a free consultation with one of our Michigan medical malpractice attorneys at a time that is convenient for you.
Thurswell Law
Have a question? Contact Us for Free Case Consultation
© 2025 - Copyright Thurswell Law | All rights reserved.