When a trusted doctor’s or hospital’s negligence leaves you worse off, the betrayal can feel as heavy as the injury itself. Whether it is you or a loved one, our team at Schefman & Associates helps Detroit patients and families sort out what went wrong, from surgical errors to errors in judgment, a misdiagnosis and failure to diagnose. Our medical malpractice lawyers in Detroit can tell you plainly whether the care you received crossed the legal line.
What Constitutes Medical Malpractice in Detroit?
Medical malpractice happens when a licensed health care provider’s care falls below the accepted professional standard, and that failure causes direct harm to a patient. That is different from a bad result or making a judgment call. All surgical procedures involve some risk, and an injury that is a known risk of the procedure is not malpractice.
Before a malpractice suit can even be filed in Michigan, there are several steps that must be taken.
1) A statutory Notice of Intent must be filed to toll the statute of limitations. If the claim is against a state entity, such as one of the university hospitals, a separate Notice of Intent to File a Claim must be filed within 6 months from the date of the violation of the standard of care.
2) A qualified medical professional whom the attorney reasonably believes is qualified to give an opinion must review your records and sign a detailed affidavit that the standard of care was breached and directly caused damages, a hurdle that screens out weak claims at the door.
3) Suit cannot be filed until the expiration of 182 days from the date of the Notice of Intent, unless other circumstances exist.
4) Once you may file suit, the filing must be made with the affidavit of merit.
What Are the Common Types of Medical Malpractice?
Medical malpractice can arise in any healthcare setting, including Detroit’s major hospital systems, such as the Detroit Medical Center and Henry Ford Health, where high patient volumes can place significant demands on providers. Nursing homes and rehabilitation facilities may also have caused injuries. Certain mistakes appear repeatedly in the claims our firm reviews, including:
- Surgical errors
- Misdiagnosis and delayed diagnosis
- Medication and dosage mistakes
- Birth injuries
- Anesthesia errors
- Emergency room negligence
- Apparent absence of treatment for bed sores that produce life-threatening infections
The damage from these failures can be lasting for the survivors or cause death, draining savings, and stealing independence that a patient once took for granted, or forever changing how a family manages. Pinpointing where the medical care went wrong requires experience and knowledge based on years of handling these cases, and it is the first step toward holding health care professionals accountable.
What Damages Can You Recover for Medical Malpractice in Detroit?
Compensation splits into two parts. Economic damages, like added surgeries, long-term care, and lost wages; these are not limited by Michigan law. These are documented through receipts, bills, and other financial documents such as tax returns and pay stubs.
In contrast, non-economic damages for pain and suffering are capped under MCL 600.1483, at a standard limit and a higher one for the most catastrophic injuries. Because the cap touches only pain and suffering, documenting every future cost often drives the real value of a serious claim. And our experience managing these claims allows us to examine each claim to determine whether the higher damage cap applies.
Why Choose Our Medical Malpractice Lawyers in Detroit?
More than 60 years of cumulative experience and a record of recovering tens of millions for injury victims underpin our malpractice work. Clients turn to Schefman & Associates when a medical provider refuses to take responsibility. We offer:
- Independent medical reviews
- Expert witness coordination
- Full damage valuation
- Hard negotiation with hospitals & physicians
- Trial-ready case building
Malpractice cases run on medical proof, so the strength of the expert review often decides whether a hospital or physician negotiates or digs in. But anticipating the expertise necessary to make the case can make the difference in the value of the case. Our firm builds each file, treating the medical record and expert witnesses as the foundation of the case, but often, the real story is with you or your loved ones.
Get Help From Our Detroit Medical Malpractice Lawyers
Taking on a hospital and its insurer alone is daunting, and the cost of pursuing the truth should never be the reason a family stays silent. Schefman & Associates handles malpractice claims on contingency, so you pay nothing unless we recover for you, and our Detroit medical malpractice lawyers carry the medical and legal heavy lifting while you tend to your health. Call (248) 594-2600 or contact us online for a free consultation.