Rochester Hills Hospital Malpractice Attorneys

Hurt While Receiving Hospital Care? Talk To Experienced Rochester Hills Hospital Malpractice Lawyers Today

Hospitals treat the sick and injured in times of great need. You visit the hospital because you need medical care, whether for an emergency, a scheduled surgery, or a procedure. You trust that the hospital and its staff will follow generally accepted scientific, medical, and practical methods.

Medical negligence can cause serious injuries, illness, or even death. If you’ve been harmed or lost a loved one and suspect malpractice, talk to an experienced Rochester Hills hospital malpractice lawyer at Sommers Schwartz, P.C., today.

Hospitals Near Rochester Hills

Rochester Hills’ metro Detroit location gives its residents quick access to several hospitals. Nearby hospitals include:

• Henry Ford Rochester Hospital. Located on W. University Drive in nearby Rochester, Henry Ford Rochester Hospital (formerly Ascension Providence Rochester Hospital) received an “America’s 100 Best Hospitals” award for coronary intervention in 2023. Healthgrades.com gives the hospital a 69% patient experience rating, three percent higher than the national average.
• Beaumont Hospital Troy. Located on Dequindre Avenue, Beaumont Hospital Troy has a 71% patient experience rating. It has won numerous accolades, including multiple awards for “clinical quality,” according to Healthgrades.

Other hospitals within ten miles of Rochester Hills include Pontiac General Hospital, Select Specialty Hospital, Trinity Health Oakland, and McLaren Oakland in Pontiac.

While the University of Michigan does not operate a full hospital in Rochester Hills, the UM Health System’s Kidney and Pancreas Transplant Clinic is in the Wellpointe Medical Building on South Boulevard East.

What Are Examples of Hospital Malpractice?

Although Beaumont Troy or Henry Ford Rochester have excellent reputations, even the best hospitals can make mistakes. Patient ratings from these hospitals and other hospitals in this area mention situations that may indicate hospital malpractice. Recent reports include:

• A collapsed lung during chest surgery and a high rate of fractures from in-hospital falls at Trinity Health Oakland in Pontiac.
• A post-surgical bloodstream infection and an event related to foreign objects left in the body after a surgery or procedure at McLaren Oakland in Pontiac.
• An event in which a foreign object was left in the body during surgery at Beaumont Hospital in Troy.
• Excessive bruising and bleeding post-surgery, respiratory failure after a surgery, and accidental cuts or bleeding during medical care at Henry Ford Rochester Hospital.

These reports contain several common examples of hospital malpractice. Many other situations may involve malpractice. These include:

Diagnosis Errors

Diagnosis errors occur when a patient is misdiagnosed or diagnosed with the wrong condition. They also happen when medical teams fail to diagnose a condition. These errors are dangerous and can be deadly.

Unfortunately, diagnostic errors are very common. A 2024 study of 2,428 intensive care unit (ICU) patients in 29 hospitals revealed that 550 patients (23%) experienced a diagnosis error. Most of the diagnosis errors resulted from testing errors and patient assessment errors. The majority of these errors caused harm to the patients who experienced them.

Diagnostic errors also happen outside of the ICU. A 2023 study examined data from over 21.5 million patients over three years. It found that 795,000 Americans die or are permanently disabled by diagnostic errors each year. The most common cause of injury was a failure to diagnose a stroke correctly.

Surgical Errors

Many types of mistakes are possible during a surgical procedure. These may include operating on the wrong body part, performing the wrong procedure, or leaving foreign objects inside a patient’s body. Anesthesia errors account for a significant percentage of surgical errors.

According to the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), reports of surgeries performed on the wrong patient or body part increased 26% in 2023. The rise in errors may be linked to increased pressure on surgeons to improve efficiency, which can lead to rushing and failing to double-check key details. Lack of communication, poor team dynamics, and inefficient operating room organization also increase the chance of mistakes.

Medication Errors

The vast array of available medications, doses, and dispensing schedules allows healthcare professionals to treat patients’ unique needs. However, it also creates more opportunities for medication errors. Common mistakes include:

• Prescribing, dispensing, or administering the wrong medication type, dose, or schedule.
• Administering medication to the wrong patient.
• Failing to administer necessary medication.
• Failing to account for potential interactions with other medications or conditions (for example, giving a drug to a patient with a known allergy to one of its ingredients).
• Confusing drugs with similar names.

A 2024 study of medication errors in hospitals calls these errors “the most common and preventable cause of patient injury.” Medication errors are related to 22% of all “readmissions after discharge,” or cases where a patient leaves the hospital but returns needing additional care.

A hospital is responsible for its employees’ negligence. It may also be liable if it has inadequate procedures to prevent errors. Hospitals must take reasonable steps to protect patients and minimize the chances of medication errors.

Charting and Communication Errors

A patient’s hospital chart provides a “single source of truth” for medical professionals who interact with the patient. It lists a patient’s medical history, preexisting conditions, and allergies, and includes information on previous medical treatment. Charts allow providers to communicate with one another and to stay “on the same page” when providing care, both figuratively and literally.

Although charting accuracy is essential, charting errors are common. In a 2020 study, researchers asked 29,656 patients to review their own charts and identify any errors. Twenty percent of the patients reported a mistake, and 40% of those who found a mistake said it was “serious.” Serious errors included diagnosis errors, missing or inaccurate medical history, medication errors, missing test results, and notes in the chart about other patients.

Hospital-Acquired Infections

Infection is a common risk in hospitals. Because hospitals rely heavily on sterilization medications and materials, infections that survive in hospitals are often resistant to common antibiotics and thus difficult to treat.

About one in 25 people treated in a healthcare facility acquires an infection unrelated to their original medical condition. Approximately 1.7 million patients become ill each year from these infections. Many require additional medical care or hospitalization to treat the infection. An estimated 99,000 patients die every year.

Lack of Fall Prevention

Falls are the number one cause of injury for Americans age 65 and older. However, anyone can be injured in a fall. Hospital patients are especially susceptible to fall injuries. A review of over a decade of patient data revealed that patient falls occurred when:

• Walking without assistance or a device like a cane or walker (16.5%).
• Using the toilet (15.7%) or shower (2.9%).
• Walking with a cane or walker (8.5%).
• Transferring in and out of a wheelchair (6.6%).
• Moving in a bed or chair (3.4%).
• Reaching for something (2.7%).

Most falls can be prevented. Hospitals must take appropriate steps to reduce fall risks and to avoid injury to patients. Failure to prevent falls may indicate hospital negligence.

Michigan Medical Malpractice Claims

Medical malpractice occurs when the care provided by medical professionals or hospitals falls below the required standard of care. This is the level of care an “ordinarily prudent practitioner” would have provided in the same situation.

A doctor, nurse, or other hospital employee can be held accountable when they commit malpractice. Hospitals and medical practice groups may be liable for their employees’ negligence and their own systemic failures.

Michigan medical malpractice claims are similar to personal injury lawsuits. However, a few Michigan laws apply specifically to medical and hospital malpractice. These include special filing rules and limits on certain types of compensation.

Filing Requirements for Michigan Medical Malpractice Claims

Many personal injury claims begin when an injured person files a lawsuit in court. Before filing a Michigan medical malpractice case, the injured person must file a Notice of Intent (NOI). This document notifies the doctor, hospital, or other parties that the injured person intends to file a lawsuit against them. You must serve an NOI on every defendant at least 182 days before you file a lawsuit. An attorney can ensure you file this essential document and all other necessary paperwork correctly.

Compensation and Damages Caps

Most hospital malpractice claims ask for two types of damages: “Economic” damages are financial, including medical bills and lost wages. “Non-economic damages are for intangible losses, compensating victims for pain and suffering, mental or emotional anguish, and the loss of enjoyment of life.

There’s no limit to the amount of economic damages you can recover in a medical malpractice lawsuit. However, two “caps” limit the amount of non-economic damages. The higher cap applies to cases involving more serious injuries. Both caps are adjusted each year by the state Department of Treasury.

Which cap applies to your case depends on the nature and extent of your injuries. Talk to an attorney to learn how these caps apply and how they could affect your recovery.

Speak to an Experienced Rochester Hills Hospital Malpractice Attorney Today

Hospital malpractice can inflict serious, lingering injuries. An experienced Michigan hospital malpractice lawyer can help you pursue compensation and justice. The team at Sommers Schwartz, P.C., has a track record of success protecting those injured in Rochester Hills hospitals and treatment centers. Contact us to schedule a no-cost, no-obligation consultation today.