Detroit, MI asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan

Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: The best way would be to consult with experienced medical malpractice attorneys in the State where this occurred.

For a malpractice case one almost always needs an expert doctor or other health care professional to testify the doctor acted below the standard of care and the malpractice caused the damages.

John Michael Frick agrees with this answer

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In Michigan, if you believe you've been a victim of medical malpractice, it's crucial to take a structured approach. Start by consulting with a specialized attorney who can assess the merits of your case. Before filing a lawsuit, you'll be required to provide each defendant a Notice of Intent to File Suit at least 182 days prior. Alongside the complaint, an Affidavit of Merit, signed by a healthcare professional affirming the breach in the standard of care, must be filed. The case typically undergoes an evaluation phase, which may lead to a settlement. If no agreement is reached, the case heads to trial. Remember, Michigan places caps on non-economic damages, so potential compensation for pain and suffering has a limit. Also, you generally have two years from the date of the alleged malpractice to initiate your claim.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.