If you or a loved one were harmed because a doctor failed to perform a medically necessary procedure, you are likely overwhelmed and unsure of what to do next. Failure to operate can lead to painful complications, irreversible harm, or even death, especially when a timely surgery could have saved or drastically improved someone’s health. In a situation this serious, you deserve answers and the chance to hold negligent parties accountable.
A lawyer experienced in Southfield failure to operate malpractice cases could help you gain clarity about what happened, who is responsible, and what legal steps you might take. They could investigate your claim, work with medical experts to establish negligence, and advocate for financial compensation that reflects the harm you or your loved one endured. At Thurswell Law, our attorneys have been helping families navigate complex medical malpractice claims since 1968 and can help you understand your rights and determine whether you have a case. If you cannot come to us, we will come to you. Our team speaks English, Spanish, Arabic, Chaldean, and Albanian.
Understanding Failure To Operate Medical Malpractice
When a doctor fails to perform surgery that a reasonable medical professional would have carried out in the same situation, it may be considered malpractice. This kind of failure could happen when a physician misdiagnoses a condition, underestimates the urgency of a surgical need, or chooses a less invasive treatment despite clear indications that surgery is required. Patients could suffer worsening health outcomes, increased pain, or even death as a result.
Southfield failure to operate cases are governed by the same standards as other medical negligence claims. According to Michigan Compiled Laws § 600.2912a, a plaintiff must prove that the health care provider failed to meet the accepted standard of care and that this breach directly caused their injury. A lawyer could help interpret these standards, gather supporting evidence, and meet the strict procedural requirements that the law demands.
Common Scenarios Where Surgery Is Improperly Withheld
Failure to operate cases often involve time-sensitive health conditions. For example, if someone suffers from appendicitis but a doctor delays surgery, the organ could rupture, causing sepsis or even death. In other instances, a patient with internal bleeding or a dangerous blockage might be sent home instead of being operated on, only to return later with worsened—and possibly permanent—damage.
Medical professionals are trained to assess these risks, but they may still make errors in judgment. Factors such as miscommunication between staff, overreliance on outdated diagnostics, or institutional cost-cutting can all contribute to poor decision-making. In any of these cases, a person harmed by a physician’s failure to operate could work with a Southfield attorney to evaluate their options for filing a malpractice claim.
Time Limits and Legal Procedures in Malpractice Cases
Like other personal injury matters, medical malpractice lawsuits are subject to a strict statute of limitations. Under Michigan Compiled Laws § 600.5805, you generally have two years from the date of the alleged negligence—or six months from the discovery of the injury, whichever is later—to file a claim. However, all malpractice claims must begin with a Notice of Intent to File, which must be served at least 182 days before officially filing a lawsuit.
These legal hurdles can be difficult to manage without guidance. At Thurswell Law, our Southfield malpractice lawyers could help ensure that all deadlines are met and paperwork is properly prepared, giving your failure to operate case the strongest foundation possible. With decades of experience handling complex medical negligence claims, our team understands how to navigate the system efficiently and compassionately.
Call a Southfield Attorney for Help With Your Failure To Operate Case Today
Southfield failure to operate malpractice cases offer a way for you to seek justice if a doctor’s negligence has led to life-altering consequences for you or a loved one. You do not have to face this alone—the knowledgeable lawyers at Thurswell Law are here to help you take the next step.
Since 1968, we have been trusted for our compassionate advocacy, and our experience gets results. With no fee until we win, you do not have to worry about upfront costs. Call Thurswell Law at (248) 460-9865 today to speak with an experienced attorney who could fight to hold negligent medical professionals accountable.
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