Medical Malpractice
Medical Malpractice in Michigan
What Is Medical Malpractice?
Medical malpractice occurs when a hospital, doctor, or other healthcare professional, through a negligent act or omission, causes injury to a patient. This negligence can result from errors in diagnosis, treatment, aftercare, or health management.
What Is Considered Medical Malpractice Under the Law?
To qualify as medical malpractice under the law, a claim must include the following elements:
- Violation of the Standard of Care – Medical professionals are required to follow recognized medical standards. A patient has the right to expect care that meets these standards. Failure to meet the standard of care may establish negligence.
- Injury Caused by Negligence – It is not enough that a healthcare provider violated the standard of care; the patient must also prove that negligence directly caused an injury that would not have otherwise occurred.
- Significant Damages Resulted – Medical malpractice claims require substantial damages to be viable due to litigation costs. The injury must have led to disability, loss of income, significant pain and suffering, or substantial past and future medical expenses.
Examples of Medical Malpractice
Common types of medical malpractice include:
- Failure to diagnose or misdiagnosis
- Delayed diagnosis
- Delayed treatment or failure to treat
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Surgical errors or wrong-site surgery
- Anesthesia errors
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms
- Emergency room errors
Damage Caps in Michigan
Michigan imposes caps on non-economic damages in medical malpractice cases. These caps are adjusted annually and are set at:
- Lower Cap – $471,800
- Upper Cap – $842,500
The upper cap applies only in specific cases where the court determines that:
- The plaintiff is hemiplegic, paraplegic, or quadriplegic with permanent loss of limb function due to brain or spinal cord injury.
- The plaintiff has permanently impaired cognitive capacity, rendering them unable to make independent, responsible life decisions or perform normal daily activities independently.
- The plaintiff has suffered permanent loss of or damage to a reproductive organ, resulting in an inability to procreate.
If none of these exceptions apply, the lower cap will be enforced on the claim.
Practice Areas
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Pedestrian Accidents
- Medical Malpractice
- Wrongful Death
- Premises Liability
- Product Liability
- Michigan Torts
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