Hospital Negligence Lawyers in Detroit Michigan

What Qualifies as Hospital Negligence in Michigan? 

Hospital negligence is when a doctor, nurse, therapist, or other person serving in the agency of the hospital fails their duty of care to the patient and causes the patient harm. Healthcare providers should reasonably diagnose and treat patients with competency. When they fail, they commit negligence.  

Being unhappy with a medical outcome does not, in and of itself, constitute negligence. For example, you may expect that after undergoing a discectomy, you will no longer suffer from back pain. However, even when the procedure was flawless, it may not result in a pain-free outcome.  

Negligence is when the surgeon fails to do what any competent surgeon would do under the same circumstances. Addressing the wrong disc, dropping the scalpel and severing nerves, or using unsanitary instruments resulting in sepsis are a few examples. Prescribing the wrong medication, improperly administering anesthesia, missing something on imaging like an X-ray or MRI, or dropping a patient during a transfer are others. Such negligence could result in the patient requiring more treatment, disabling the patient, or even in the death of the patient.  

How Long Do I Have to File a Negligence Claim in Michigan? 

There is a two-year statute of limitations for medical malpractice claims in Michigan. This means you have two years from the date of the incident to settle a claim with the liability insurer or to file a personal injury or wrongful death lawsuit which stops the clock. 

It stands to reason that not all evidence of negligence will occur at the time of the incident that caused the harm. For example, a surgical sponge left in a patient’s abdomen may not cause symptoms for weeks or even months before it is discovered. Michigan law provides that claims may be filed within six months of when the harm is discovered or should have been discovered, even if the two years have expired. However, malpractice claims under any circumstances must be filed within six years of the negligence incident.  

Who May Be Liable in a Hospital Negligence Claim? 

The hospital is legally responsible for negligence committed by those it employs. In most cases, that would be nurses, technicians, dieticians, therapists, and others. If any one of them is negligent, the hospital would be liable.  

Doctors are another issue. Some physicians are hospital employees which makes the hospital liable for their actions. Most are independent and have their own malpractice insurance coverage. If the surgeon was the only negligent actor, for example, you could sue the physician but not the hospital. The hospital could be also liable if it has continued to grant an incompetent physician admitting privileges.  

What Are the Elements of a Negligence Claim? 

In any case, you must prove that negligence actually occurred to pursue a claim. Following are the five elements of a negligence claim: 

1. There existed a relationship between the patient and the provider; 
2. The provider owed a duty of care to the patient; 
3. The provider did or did not do something that any competent provider would have done; 
4. This action or inaction injured the patient; and, 
5. As a result, the patient incurred damages. 

Medical malpractice lawsuits are complicated. Your personal injury attorney cannot just file a petition for damages. Your attorney must have a qualified medical professional review the evidence and provide a letter of merit to accompany the petition. The intent of this requirement is to discourage the filing of medical negligence lawsuits without sufficient evidence or merit.  

What Damages Can I Recover? 

You can recover economic damages such as past and future medical expenses and lost income. If your loved one died from a doctor’s negligence, you can recover funeral and burial expenses as well.  

You can also recover for non-economic damages such as pain and suffering and loss of consortium or companionship. However, Michigan law caps the amount of compensation you can receive for noneconomic damages.