Detroit Hospital Medical Malpractice Lawyers

Medical malpractice occurs when healthcare professionals, including doctors, nurses, and hospitals, fail to provide the expected standard of care, harming the patient. In Detroit, hospital malpractice cases can be particularly complex.

Having an experienced attorney by your side is crucial. The dedicated team of attorneys at Sommers Schwartz, P.C. have years of experience and a deep understanding of Michigan’s medical malpractice laws. Our attorneys have successfully represented numerous clients in Detroit and beyond. We are committed to helping you seek justice and compensation for your injuries and losses due to medical negligence.

Michigan’s Hospital Negligence Laws

The Michigan Medical Malpractice Act typically governs hospital negligence and other medical malpractice cases. Hospital negligence generally refers to situations where a healthcare facility’s failure to provide an acceptable standard of care causes harm or injury to a patient. This negligence can take various forms, including errors in treatment, inadequate supervision, and substandard facility maintenance.

Common Detroit Hospital Negligence Claims

Hospital negligence cases in Michigan encompass a wide range of scenarios where patients suffer harm due to the failure of healthcare providers to meet the expected standard of care. These cases can cause serious injuries, complications, or even death.

However, not all adverse outcomes result from negligence. For a patient to recover compensation in a malpractice lawsuit, a hospital’s actions, practices, procedures, or omissions must fail to meet the acceptable standard of care. A hospital is generally liable for the actions of its employees and agents.

Many Michigan hospital malpractice cases involve:

• Misdiagnosis and delayed diagnosis. When healthcare providers fail to diagnose a patient’s condition or delay diagnosis, the patient may receive inappropriate treatment or miss the opportunity for timely intervention, leading to worsened health outcomes.
• Medication errors. Many opportunities exist for a patient’s care team to prescribe or administer the wrong medication or dosage. In other cases, they may fail to consider how a drug will interact with a patient’s other medications, allergies, or conditions. Medication errors can lead to severe side effects, adverse reactions, and even fatalities.
• Surgical errors. Surgical negligence cases often involve situations where surgical personnel make unreasonable errors, such as performing the wrong surgery, leaving foreign objects in the patient’s body, or damaging adjacent organs during surgery. These mistakes can have devastating consequences.
• Infections and hospital-acquired conditions. Hospitals have a duty to maintain a clean and safe environment. Negligence in infection control measures can result in patients contracting preventable infections, such as MRSA or C. difficile. Patients may also suffer falls, pressure ulcers, and other hospital-acquired conditions or injuries due to inadequate care.
• Birth injuries. Parents may bring malpractice claims against healthcare providers who fail to provide appropriate care during childbirth. These can include injuries to the newborn or the mother, such as cerebral palsy, brachial plexus injuries, or other complications related to labor and delivery.
• Emergency room errors. Emergency room negligence can involve misdiagnosis, failure to treat promptly, improper staffing or safety protocols, and countless other issues.
• Anesthesia errors. Errors in administering anesthesia, giving an incorrect dosage, or failing to monitor the patient’s vital signs during a procedure can cause serious complications or death.
• Failure to obtain informed consent. Healthcare providers must inform patients about a proposed treatment or procedure’s risks, benefits, and alternatives. Failure to obtain informed consent can lead to legal action if the patient suffers harm.
• Negligent hiring and supervision. Hospitals are responsible for ensuring their staff is adequately trained and competent. Negligent hiring or supervision cases may arise when healthcare providers employ unqualified, incompetent, or dangerous staff members.

These cases can involve many situations. For example, a hospital may be liable for failing to perform a background check on an orderly with a history of sexual assault who abuses a patient. On the other end of the spectrum, it could also be liable for continuing to allow a surgeon with multiple complaints and malpractice claims to operate in its facilities.

Patients who believe they have been victims of hospital negligence in Michigan should consult with a qualified medical malpractice attorney. These attorneys know how to help patients navigate the legal system and seek fair compensation for their injuries or losses.

Detroit Hospital Systems

Several hospital systems and healthcare networks serve the Detroit area. However, the number of hospital systems can change over time due to mergers, acquisitions, and other factors. These include:

• Henry Ford Health System. One of the Detroit area’s largest and most well-known healthcare systems, it consists of several hospitals, including Henry Ford Hospital.
• Corewell Health. Corewell Health is another primary healthcare system with multiple hospitals, including Beaumont Royal Oak Hospital and Corewell Health Dearborn Hospital (formerly known as Oakwood).
• Ascension Michigan. Part of Ascension, one of the largest non-profit healthcare systems in the country, Ascension Michigan operates several hospitals in the Detroit area, including Ascension St. John and Ascension Providence hospitals.
• Detroit Medical Center (DMC). DMC is a leading academic healthcare system in Detroit and includes Harper University Hospital, Sinai-Grace Hospital, and Children’s Hospital of Michigan.
• McLaren Health Care. McLaren Health Care is a healthcare system with multiple hospitals and medical facilities in Michigan, including McLaren Oakland Hospital.

If you or a loved one has suffered injuries at one of the listed facilities or another Detroit hospital, contact a hospital negligence attorney as soon as possible.

How To Sue a Detroit Hospital for Negligence

Suing a hospital for negligence is essential to seeking justice and compensation for victims, promoting accountability, enhancing patient safety, and identifying and rectifying systemic issues within the healthcare system. It is a mechanism to protect patients’ well-being and rights, ensuring their voices are heard and their suffering is acknowledged.

Healthcare is a highly specialized field, making pursuing a medical malpractice claim challenging. Determining whether negligence occurred often requires a deep understanding of medical procedures and standards of care, and litigation frequently involves multiple experts.

An experienced attorney can help you determine whether you have a valid claim for medical negligence. This process involves reviewing your medical records and consulting with medical experts with the skills and expertise to assess whether your providers breached the standard of care.

Time Limits for Michigan Hospital Malpractice Claims

Michigan has a statute of limitations for medical malpractice cases. In most cases, you must file a lawsuit within two years from when the medical negligence occurred or within six months from the date you discovered or should have discovered the negligence, whichever is later.

Generally, suits must be filed within six years, but some exceptions exist. A lawyer can help you determine whether your case is timely and can proceed. If you believe you may have grounds for legal action, it’s best to consult with an attorney as soon as possible after an injury.

Michigan Medical Malpractice Pre-Suit Procedural Requirements

Michigan law requires you to provide all potential defendants with a Notice of Intent (NOI) before filing a lawsuit against a healthcare provider. This notice must include details about your claim and be served at least 182 days before the lawsuit is filed. An experienced attorney will ensure you comply with all the NOI requirements.

Filing a Hospital Malpractice Lawsuit

If a settlement cannot be reached during the pre-suit process, your attorney will file a formal lawsuit against the hospital and any other involved parties. The lawsuit will outline your allegations and request compensation for damages.

Then, the discovery process begins. The parties gather and exchange evidence, including medical records and expert witness opinions, and conduct depositions (interviews under oath of parties, witnesses, and experts).

Many medical negligence cases are settled out of court. Your attorney will represent your interests and work to negotiate a fair settlement. If a settlement can’t be reached, your case will proceed to trial. A judge or jury will hear arguments, review evidence, decide whether the hospital was negligent, and award damages if appropriate. Either party may appeal the verdict if they disagree with the outcome.

How the Hospital Negligence Lawyers at Sommers Schwartz, P.C. Can Help in Your Medical Malpractice Claim

Michigan’s medical malpractice laws and procedures are complex and subject to change. It’s essential to consult with a qualified attorney in Michigan who is knowledgeable about these unique cases.

Enlisting the help of the experienced Michigan medical malpractice lawyers at Sommers Schwartz, P.C., is crucial to maximizing your chances of success and avoiding some of the most common pitfalls. Here are a few reasons our clients have told us they are glad they sought our help.

• We command an in-depth understanding of complex medical and legal issues. Medical malpractice cases involve a unique blend of legal and medical knowledge. Our experienced lawyers have a firm grasp of medical terminology, procedures, and standards of care and deep knowledge of the legal principles and statutes that apply to malpractice cases in Michigan.
• We have vast experience navigating Michigan malpractice law. Each state has its own set of laws and regulations for medical malpractice cases, including statutes of limitations, caps on damages, and procedural requirements like the necessity of an affidavit of merit from a medical expert. Our attorneys are well-equipped to help you navigate this complex process.
• We have access to a national network of medical experts. Our experienced malpractice lawyers have access to a network of medical experts who can provide critical testimony and analysis in your case. These experts play a vital role in establishing the standard of care and how it was breached.
• We have experience valuing cases correctly. Determining and proving damages in a medical malpractice case can be challenging. Our decades of experience negotiating, litigating, and settling these cases allows us to accurately estimate your economic and non-economic damages, such as medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. We can help you understand what a fair settlement looks like for your case.
• Negotiation and litigation skills. Our lawyers have the negotiation skills to deal with insurance companies and healthcare institutions with teams of skilled attorneys. If we can’t reach a fair settlement, we have the litigation experience and resources to effectively represent your interests in court.
• Emotional support and objectivity. Victims of medical malpractice often face emotional and physical challenges. The experienced Michigan hospital malpractice lawyers at Sommers Schwartz, P.C., can provide both objective guidance and emotional support to reduce the stress of pursuing your claims.

Contact an Experienced Michigan Hospital Malpractice Attorney

At the Michigan medical malpractice law firm of Sommers Schwartz, P.C., our personal injury and medical malpractice attorneys have over 45 years of experience recovering financial compensation for our clients and their families. We recognize the challenges your family is facing. Our team will work to maximize your chance of success and the amount of your recovery and minimize the stress of the process.

Contact the team at Sommers Schwartz, P.C., to learn more and to schedule a free, no-obligation consultation with one of our hospital malpractice attorneys today. We will not accept payment for any of our services unless we successfully help you recover the compensation you deserve.