Troy Hospital Malpractice Attorneys

Troy, Michigan, boasts many renowned healthcare institutions serving thousands of patients each year. Troy’s top medical facilities, including Corewell Health Beaumont Troy Hospital, provide excellent care to the vast majority of these patients. However, medical errors can and do occur.

At Sommers Schwartz, we understand the challenges of pursuing medical malpractice claims and recovering the compensation you deserve. Our firm has established a reputation over four decades of compassionate advocacy and an unwavering commitment to helping victims of hospital negligence.

In every case, we focus on pursuing justice, holding healthcare providers accountable, and ensuring our clients receive the compensation and support they need to move forward. If hospital malpractice has affected you or a loved one, our attorneys can help you on your path toward recovery.

What Is Hospital Malpractice?

Hospital malpractice occurs when medical professionals negligently fail to provide patients with appropriately competent, knowledgeable, and skillful medical care, causing harm to patients. In addition to directly harmful actions or mistakes, malpractice includes failing to adequately protect patients or provide appropriate care.

A hospital can often be held indirectly responsible for negligent acts its employees commit when they fail to meet the standard of care expected in their field. It may also be directly responsible for implementing dangerous policies or practices or failing to take appropriate safety measures. Hospitals must ensure their staff, systems, and policies deliver safe and effective care.

Types of Hospital Malpractice Cases Sommers Schwartz Handles

Many types of errors and negligence can lead to a medical malpractice claim. Some of the most common types of hospital malpractice cases we handle include:

• Misdiagnosis and delayed diagnosis. A misdiagnosis or failure to timely diagnose a condition can lead to unnecessary treatments, delayed care, or missed opportunities to address serious illnesses. For example, misdiagnosing a heart attack as indigestion can result in life-threatening delays.
• Surgical errors. While egregious mistakes like operating on the wrong body part are rare, common surgical errors include leaving surgical instruments or materials inside a patient, injuring other organs, and improperly placing medical devices. Patients can suffer severe complications, extended hospital stays, additional surgeries, or even death. Around 90% of surgeons face malpractice claims during their careers, reflecting the risky nature of their specialty.
• Birth injuries. Errors during labor and delivery can result in conditions like cerebral palsy, brachial plexus injuries, or brain damage, which can have lifelong consequences for the child and their family. Eighty-five percent of OBGYNs face malpractice claims during their careers, most of which relate to birth injuries.
• Medication errors. Medication errors are among the most preventable forms of malpractice. Common mistakes include prescribing the wrong medication, administering the wrong dosage, or overlooking drug interactions. Such errors can cause significant harm, including allergic reactions, organ damage, and death.
• Anesthesia mistakes. Anesthesia errors often stem from improper dosage, failure to monitor the patient, or errors in administration. They can cause serious harm, including paralysis, brain damage, and death.
• Emergency room errors. Emergency rooms are fast-paced environments where timely decisions can mean the difference between life and death. Mistakes like misdiagnosing a stroke or failing to prioritize a critical patient can have catastrophic outcomes.

Evidence Required for a Medical Malpractice Claim in Troy, Michigan

To succeed in a Michigan medical malpractice lawsuit, you must establish that a medical provider’s actions 1) deviated from the applicable standard of care and 2) directly harmed you.

Collecting and effectively presenting evidence supporting both aspects is crucial to your claim’s success. This evidence includes:

• Medical records. Detailed documentation of your diagnosis, treatments, and outcomes provides a foundation for expert analysis and testimony. It includes physician notes, diagnostic test results, prescriptions, and discharge summaries.
• Expert testimony. Michigan law requires an expert in the same specialty as the defendant to testify that the provider’s actions fell below acceptable standards. This testimony is critical to establishing negligence and proving that the malpractice directly caused harm. An expert’s opinion carries significant weight in medical malpractice cases and can help explain complex medical concepts to a judge or jury clearly and understandably.
• Proof of damages. Documenting the full extent of your damages shows how the malpractice has impacted your life. Complete documentation includes medical bills, evidence of lost wages, records of pain and suffering caused by the incident, and other proof of related losses. It may also include psychological evaluations or counseling records if you suffered emotional trauma.
• Timeline of events. A well-organized timeline makes it easier for attorneys, experts, and the court to understand the events leading to your injury. It should include the dates of all medical appointments, tests, procedures, and any communication with medical professionals.

Gathering this evidence requires a meticulous approach and an in-depth understanding of Michigan’s medical malpractice laws. Experienced attorneys will ensure your case is thoroughly documented and compellingly presented, giving you the best chance of obtaining the justice and compensation you deserve. Sommers Schwartz has the resources and expertise to handle every aspect of your case so you can focus on healing and moving forward.

Common Defenses in Medical Malpractice Cases

Hospitals and healthcare providers vigorously defend medical malpractice cases to avoid admitting liability and paying damages. Their defense strategy often includes one or more of these arguments:

• Standard of care. Providers frequently claim they met the accepted standard of care and the adverse outcome was an unfortunate but unavoidable result of the patient’s medical condition. They may argue that the outcome would not have changed even with a different course of treatment.
• Pre-existing condition. Another common defense is attributing the injury to a pre-existing condition. Providers may assert your injuries were caused by an underlying health issue, not medical negligence.
• Patient non-compliance. Providers may argue that the patient failed to follow medical advice or post-treatment instructions, causing or contributing to their harm. For example, they might claim that a patient’s failure to take prescribed medications or complete the full course of rehabilitation led to worsened outcomes.
• Unforeseeable events. Hospitals may blame unforeseeable events or complications, such as rare allergic reactions or unexpected surgical issues, for the injury. This defense aims to shift attention away from potential negligence and focus on factors beyond the provider’s control.

To refute these defenses, you need detailed evidence, skilled legal representation, and credible expert testimony to demonstrate how the provider’s actions directly harmed you. At Sommers Schwartz, we meticulously prepare every case to counter these arguments and ensure that healthcare providers are accountable for their negligence.

Timeline for a Medical Malpractice Case

Medical malpractice cases often take many months, or sometimes years, to resolve. While each case is unique, understanding the typical process of a medical malpractice case can help you set realistic expectations.

• Initial consultation. An attorney will discuss your situation, review the facts, and determine whether to accept your case.
• Investigation and evidence collection. This phase involves collecting medical records, consulting experts, and building a strong claim. Your attorney will give the required legal notices to the potential defendants and may explore the possibility of settling without filing a lawsuit.
• Filing a complaint. Your attorney will file a complaint to begin the official court proceedings.
• Discovery. Once the initial filings are complete, both sides exchange evidence and interview witnesses and experts under oath.
• Alternative dispute resolution. Your attorney will engage in settlement negotiations directly with the defendants during the discovery period. They may also explore using arbitration or mediation to help resolve your case or explore its strengths and weaknesses.
• Trial. If settlement negotiations fail, your case will proceed to trial. The court’s calendar is often booked months in advance, so a significant delay may occur before your case is heard.

FAQs – Troy Hospital Malpractice

How long do I have to file a hospital malpractice claim?

The statute of limitations for medical malpractice claims in Michigan is generally two years from the date of the malpractice or six months from the date you discover the malpractice, whichever is later. However, cases involving minors or other exceptions may have different deadlines. If you fail to file within the required timeframe, you may lose your right to pursue compensation. It’s critical to consult an attorney as soon as possible.

Who can file a medical malpractice claim in Michigan?

An injured patient can file a malpractice claim on their own behalf. A wrongful death case can be brought by the personal representative of the deceased’s estate. An injured patient’s family members, such as spouses, children, or parents, can also file claims seeking compensation for their own losses, including emotional pain, loss of companionship, and loss of financial support.

Has Medical Negligence Forever Impacted Your Life? Contact Our Troy Medical Malpractice Attorneys Today

It is essential to discuss your case with an experienced Troy Hospital medical malpractice lawyer as soon as possible. At the law firm of Sommers Schwartz, P.C., our attorneys have extensive experience handling medical malpractice cases. Contact us today to learn more about your rights and schedule a free consultation.