Healthcare providers such as doctors, nurses, and pharmacists are responsible for helping their patients stay healthy. However, medical errors are consistently listed in the top causes of death in the United States.

Each year, thousands of patients' lives are forever changed due to preventable healthcare mistakes. At Sommers Schwartz, P.C., we proudly represent individuals and families in Michigan medical malpractice lawsuits. For over 45 years, Sommers Schwartz attorneys have been helping patients get their lives back on track after suffering from the lifechanging effects of pharmaceutical errors, surgical mistakes, misdiagnoses and misread tests and other forms of medical negligence.

Fact

21 percent

of patients report having experienced a medical error

MICHIGAN MEDICAL MALPRACTICE RESOURCES

Most medical errors are preventable. However, the healthcare system in the United States prioritizes speed and efficiency. This can result in patients dying from preventable medical errors, and over a million more suffer injuries that impact them the rest of their lives.

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MICHIGAN MEDICAL MALPRACTICE : TABLE OF CONTENTS

WHAT IS MEDICAL MALPRACTICE?

Medical Malpractice in Michigan

Doctors, nurses, pharmacists, and other healthcare professionals accept a crucial duty when they decide to work in the healthcare industry. At some point, nearly everyone will visit a medical professional, whether it be in an emergency room, operating room or an outpatient visit to a primary care provider. For the most part, healthcare providers help patients overcome their ailments; however, occasionally a medical professional's negligence causes real harm to a patient. It may be caused by an inexperienced doctor misdiagnosing a patient's disease, a busy emergency room physician's oversight, or an overworked pharmacist giving a patient the wrong medication.

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Preventable injuries can be the basis of a Michigan medical negligence lawsuit.

  • Healthcare workers must provide treatment that is in line with the generally accepted standard of care
    The applicable standard of care is generally defined as "the type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community."
  • Michigan medical malpractice cases are often vigorously defended
    Doctors and hospitals - as well as the insurance companies that defend them - have teams of attorneys and expert witnesses ready.
  • Medical malpractice cases often require expert testimony
    An expert witness is a person who has education, training, or experience in the particular field. By providing their unbiased opinion, expert witnesses help judges and juries understand those issues that may be too complex for those without medical training to understand.
  • Hiring a medical malpractice attorney in Michigan can help you level the playing field
    Sommers Schwartz team of malpractice lawyers brings a broad network of well-respected medical experts to the table that we use to help prove our clients' claims.
UNDERSTANDING MEDICAL NEGLIGENCE

Common Types of Medical Negligence in Michigan

People go to the doctor to stay healthy. However, medicine is never a guarantee. Upwards of a million people each year are harmed by medical mistakes. Of course, healthcare professionals are not always responsible for the harm that a patient experiences in relation to their treatment. However, it is estimated that about half of all medical errors are preventable.

Commission

Error of Commission

An error of commission occurs when a healthcare provider's active negligence results in patient injury. For example, a surgeon who operates on the wrong part of the body commits an error of commission. On the other hand, an error of omission occurs when a healthcare worker fails to take a necessary action.

omission

Error of Omission

Error of omission is when a primary care provider fails to diagnose a disease or fails to refer a patient to a specialist if they are exhibiting symptoms of a disorder.

Experts divide medical mistakes into errors of commission and errors of omission.

Michigan Medical Malpractice Attorneys With Over 45 Years of Experience

A medical malpractice case can be based on any type of medical error.

Given that medicine, and healthcare more broadly, is a large field, there are various types of medical negligence, including:

Patients who have gone to see a healthcare provider in hopes of improving or preserving their health, but instead suffered from a preventable medical mistake are not without any means of recourse. At Sommers Schwartz, our dedicated team of Michigan medical malpractice attorneys has over 45 years of experience assisting patients and their families through this difficult time. Selecting a law firm to fight for you and your family can be one of the most important decisions you make. Many Sommers Schwartz attorneys are nationally known as authorities in their respective fields and through their advocacy have helped set the standard of acceptable medical care in Michigan and across the country.

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Featured Result

$3 MILLION

Settlement for anesthesiology malpractice resulting in significant hypoxic brain injury

According to Johns Hopkins University, 10 percent of the deaths in the United States are due to medical errors.

Diagnostic errors

10 percent

According to the World Health Organization diagnostic errors account for roughly 10 percent of patient deaths.

Medicare

1 in 7 patients

According to a report by the office of the Inspector General, 1 in 7 Medicare patients experience a medical error while in the hospital.

Inexperience

49 - 53 percent

Between 49 and 53 percent of all medical errors involved nurses with less than one year of experience

Hand washing

64 percent

Proper hand washing can reduce the rate of healthcare-associated diseases by 64 percent

How Your Medical Malpractice Attorney Can Help You Recover Damages and How Those Damages Are Calculated

Medical malpractice occurs when a healthcare professional fails to provide a patient with the appropriate treatment.

Those who have experienced a major medical error understand that these cases involve not just physical pain, but also a deep sense of frustration. Patients trust medical professionals to help them feel better. When a trip to a doctor, dentist, surgeon, or pharmacist results in a preventable medical error, the patient is often worse off than they were before. In these cases, the harmed patient can pursue a medical malpractice lawsuit against the parties responsible for their care.

You will pay nothing until we win your case

UNDERSTANDING DAMAGES
Michigan medical malpractice cases can provide significant compensation to those who have been forced to endure the pain of a medical mistake.

Of course, the damages that are available in a case depend on the nature of the mistake and extent of the injuries.

Michigan law divides damages up into two categories: economic and non-economic.
  • Economic damages:
    Those damages that can readily have a dollar amount assigned to them are considered economic damages. These include past and future medical expenses, lost wages and decreased earning capacity, care giving expenses, and other out-of-pocket expenses.
  • Non-economic damages:
    Medical mistakes frequently result in physical pain and suffering and emotional trauma. These damages - while potentially very detrimental to a patient's way of life - are difficult to quantify in terms of dollars and cents. Thus, these damages are referred to as non-economic damages.

In Michigan, there is no maximum on economic damages.

In Michigan, there is no limit on the amountof economic damages you can recover in a medical malpractice case. However, as of March 2020, state law puts a $471,800 cap on non-economic damages (the cap goes up each year correlated to the Consumer Price Index) except in the following situations, where the non-economic damages cap is $842,500:

  • The medical negligence renders the patient a hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of one or more limbs caused by injury to the brain or spinal cord;
  • The medical negligence impaired a patient's cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living; or,
  • The medical negligence resulted in permanent loss of or damage to a reproductive organ resulting in the patient's inability to procreate.
Featured Result

$3.75 MILLION

Settlement on behalf of a child for treatment delays

What to Expect When Working with Our Dedicated Team of Medical Malpractice Lawyers

After suffering from a medical error, there will be questions. Not all mistakes are straightforward, and you may be unsure whether the doctor violated a duty of care. You may have questions about where to obtain the best follow-up medical care, whether you will need an expert witness, or what types of compensation you may be able to recover.

We are here to help you.

Well-Respected

Our well-respected attorneys are known as authorities in Michigan personal injury and medical malpractice law.

Respect: At Sommers Schwartz, we are here to help. Throughout the country, our well-respected attorneys are known as authorities in Michigan medical malpractice law. Of course, our results speak for themselves, but clients also appreciate our professionalism, enthusiasm, and diligence. We understand how important the recovery process is to you and your family, and we will always make ourselves available to discuss your case and answer any questions.

Transparent

As part of our promise to you, we offer a free consultation in which you will meet with an attorney.

Transparency: We believe in transparency. As part of our promise to you, we offer a free consultation in which you will meet with an attorney to discuss your case. Our attorney will listen to what is important to you and explain if we can help and, if so, how. We will answer any questions you have regarding the recovery process. And because we work on a contingency basis, we never receive any compensation for the work we put into your case unless we are successful in helping you recover for your injuries.

MEDICAL MALPRACTICE

Medical Malpractice Resources

If you are dealing with a Michigan medical malpractice case, our attorneys can help.

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Medical Malpractice Links

We know your legal rights, and we will protect them as if we were fighting for our own families.
Attorney Referrals

Sommers Schwartz welcomes referrals from attorneys throughout the United States.

When you need to refer a matter to experienced lawyers with proven results, your search begins and ends here.

100% referral fee payment record

Over $60 million in referral fees paid in the last decade alone

Contact a Michigan Medical Malpractice Attorney for Immediate Assistance
To learn more, and to speak with an attorney about your situation today, call 866-826-1793 for immediate assistance.

If you or a loved one suffered as the result of an incident of Michigan medical malpractice, contact the dedicated team of attorneys at Sommer Schwartz, P.C. Since the firm was founded in the 1970s, Sommers Schwartz has stood out as a pioneer in the field of medical negligence, fighting for the rights of injured individuals as well as their families. Our team of experienced attorneys handles all types of medical malpractice cases in Detroit and across the state, helping our clients obtain the compensation they need to move on with their life.