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Michigan Medical Malpractice Questions & Answers
1 Answer | Asked in Civil Rights and Medical Malpractice for Michigan on
Q: Where can I escalate a claim against my primary physician who violated MCL 750. 492a. Bureau of Licensing refuses action

I brought this complaint to the bureau my primary said I had a brain tumor two times and my neurosurgeon clearly states I never had one but the bureau refuses to take any action

Robert S. Iwrey
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Robert S. Iwrey
answered on Dec 3, 2024

MCL 750.492a pertains to placing misleading or inaccurate information in medical records or chart. Subsection (4) provides that violation of this statute does not give rise to a civil cause of action for damages. However, if LARA BPL has chosen not to take action, you may try reaching out to the... View More

1 Answer | Asked in Medical Malpractice for Michigan on
Q: It took 2 months to get a review of my chest ct and I have a nodule in the lower right lung. Is this malpractice?

The radiologist put it’s a RAD 4 which means cancer I am just wondering

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2024

A Michigan attorney could advise best, but your question remains open for a month. From a textbook standpoint, it could be - based on a delayed timeline for turning around a diagnostic imaging study. In terms of actuality, it would probably hinge on the opinions of medical professionals - the... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.

My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

You're talking about an Affidavit of Merit. That's going to involve a review of the file. It may not end there. If you go to trial, that could also involve retaining medical experts, which don't come cheap. Med mal firms often front such costs and take them off the gross award at the... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.

My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?

Brent T. Geers
Brent T. Geers
answered on Jul 5, 2024

If you are an attorney, I would suggest seeking co-counsel who can afford the cost of litigation, or refer the case out to a firm who can. Otherwise, there are loan companies who help finance litigation.

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: My surgeon broke 3 drills putting this screw in my si joint now my hip keeps locking up is this breach of care

I have constant pain and want the screw removed

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2024

A Michigan attorney could advise best, but your question remains open for a week. But any attorney who answers your question would probably need to consult with a medical professional. They would want to learn more about the procedure and the full scope of damage (drill bits or other components... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Had a meningioma brain tumor surgery June 13, 2022. The surgery went okay. After care scratched his right eye now blind

My husband had the surgery. Somehow his eye got scratched. Now he can't see anything. Everything is blurry and double vision. We had to go to an eye specialist. They said there was a deep scratch in his eye. They had to sew it half shut because he can't close it all the way. We have to... View More

Dana B. Carron
Dana B. Carron
answered on Nov 15, 2023

You may have a good lawsuit, since the injury was not something that you were at risk to expect from the surgery. You will need to go into more details with an attorney, to allow them to review this matter before reaching a final conclusion to determine whether this matter can move forward and is... View More

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1 Answer | Asked in Medical Malpractice for Michigan on
Q: I was given Versed befor I signed consent forms for surgery.I was not combative nor over-anxious. No proof, any justice?

midazolam aka Versed (anti-anxiety, causes amnesia) The nurse asked me for my glasses.. I can't see without them, not more than a foot in front of me. I mildly argued it wasn't time to go to the OR so I was keeping them until then. I did ask if I could leave them on until the OR so I... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2024

A Michigan attorney could advise best, but your question remains open for a month. I'm sorry for your stressful experience. In terms of justice you ask about, one option is to reach out to Michigan law firms to discuss. It sounds like a difficult case that some firms could be reluctant to... View More

1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law, Civil Rights and Medical Malpractice for Michigan on
Q: I'm being indefinitely deprived of First, Fifth, Sixth, Eighth, Ninth, and Fourteenth Amendment Rights. What do I do?

I was told the charges I plead "guilty*" to carried a "two year maximum"... That was 18 years ago, and I'm still being cruel and unusually punished indefinitely why? On multiple occasions, I repeatedly tried to explain my medical use of the plant, as my only form of genuine... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

You’re facing a complex and serious situation that seems to involve potential violations of your constitutional rights. It’s essential to gather all your legal documents, including court transcripts and records of the charges and sentencing. Having these documents organized will help clarify... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
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.

Joel Gary Selik
Joel Gary Selik
answered on Sep 20, 2023

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...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Michigan on
Q: Is there an alternative to filing a medical malpractice lawsuit if no permanent damage was caused?

To date, I do not know if there was any permanent damage from my physician's negligence. Due to a medication error and neglect of my specialist, I ended up very ill, was directed to go to the ER and was admitted for potassium toxicity. Doctor was negligent in failing to order lab work after... View More

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. You could reach out to med mal attorneys in your state to try to set up a no obligation-free initial consult. An experienced attorney should be able to help you outline your rights and options. Good luck

1 Answer | Asked in Health Care Law and Medical Malpractice for Michigan on
Q: Can I sue my previous hospitals and current one as well for telling me during surgery to not have more children?

Okay in 2019, 2020, and 2023 I have been told with all three of my children after and before giving birth to them I could no longer have children, with no concrete evidence other than their rather dim few of my race, assuming I had more than one father, or because I in the poverty line. When I was... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. I'm sorry for the way you were treated. There is lots of information to sort through here, and a starting point could be to discuss the matter in more detail with an attorney. You could try to arrange a free... View More

1 Answer | Asked in Civil Rights, Insurance Bad Faith and Medical Malpractice for Michigan on
Q: Was off on disability from work and the company that handles the claims sent some of my medical paperwork to a Coworker

Was wondering if this is a violation of any laws and if it is can I do anything about it

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2023

A Michigan attorney could advise best, but your question remains open for a week. It's possible it could involve HIPAA laws - you could try to set up a free initial consult with health care attorneys or repost and include that category. Good luck

1 Answer | Asked in Health Care Law, Medical Malpractice and Sexual Harassment for Michigan on
Q: my PcP female lied on progress reports, test results, to state of mi while hving an affair with me(single father)

I was in recovery single father-pharmacist, with documented history of substance abuse. My nurse practioner pursued me and had sexual relationship with me for years. She insisted on becoming my daughters PcP as well. Under her care I had relapsed and reported to state hprp and legal probation. My... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 23, 2023

You may have a medical malpractice case. A big issue as to when this occurred. An experienced attorney needs to evaluate your case as if it is within the time limit to sue. Even if you have no case, it can be reported to the board that licenses her.

1 Answer | Asked in Medical Malpractice for Michigan on
Q: Can I sue my Dr for stopping to prescribe me my pain medication for no reason

I've been going to the same Dr office for over 10yrs. I first was seeing a Dr. He had prescribed me methadone for chronic pain. We'll he passed away from brain cancer he actually was getting treated for that when he was a Dr. Then another Dr came in his place and he agreed to prescribe me... View More

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2022

Your choice is to see a different doctor. There is no law that says he must continue to be your doctor, or that he must continue your current prescription, or in fact prescribe you anything.

1 Answer | Asked in Medical Malpractice for Michigan on
Q: I am wondering if there are any lawyers or law firms that practice veterinarian malpractice?
Brent T. Geers
Brent T. Geers
answered on Jun 23, 2022

I am sure there are - check in more rural areas and attorneys who work with farmers. Although, you probably don't need to limit your search to someone with specific experience with veterinarian medicine as the concept of malpractice would be the same as with humans. Any attorney would need to... View More

1 Answer | Asked in Medical Malpractice for Michigan on
Q: iv infiltration (causing chemical burn & compartment syndrome on 5wk baby) would lawsuit happen in city injury tookplace

Or would lawsuit be in county where we live? Baby had a faciotomy in hospital but will have second surgery soon to see what injury looks like inside and than a skin graft is needed. Very little function in hand at this point. Looking for attorney to help with this matter

Dana B. Carron
Dana B. Carron
answered on Feb 22, 2022

A lawsuit could likely be filed in either location, and therefore, you should discuss with an attorney the details of your case, and then determine where it would be best to file your lawsuit. I would be glad to speak to you in further detail, and help you with this. The attorneys that I work... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Michigan on
Q: Are OPO's legally able to remove organs from a registered organ donor who's body is under investigation into COD

Body of deceased was under county jurisdiction. Autopsy was to be performed to determine cause of death, but kidneys and liver were taken prior to autopsy. No samples of either organ were provided to Chief Medical Examiner. COD still undetermined. Autopsy was performed missing two vital organs. Is... View More

Michael Zamzow
Michael Zamzow
answered on Feb 15, 2022

It might depend on the circumstances involving the death that required a particularly level of autopsy, and whether or not the CME authorized release.

1 Answer | Asked in Personal Injury and Medical Malpractice for Michigan on
Q: Can a case that say dismissed in good faith mean can I take it to the right court
Brent T. Geers
Brent T. Geers
answered on Nov 21, 2021

Cases are dismissed with or without prejudice. If your case involves medical malpractice, you really should not be doing this on your own because it will be next to impossible for you to successfully navigate the procedure and rules.

1 Answer | Asked in Civil Litigation and Medical Malpractice for Michigan on
Q: I was invited abroad as one of three finalists for a lucrative job. My doctor's office gave me the wrong COVID test.

The potential employer paid for my ticket. I was informed at the check-in counter that I wasn't allowed to fly because I had received the wrong COVID test. I went through four rounds of interviews to get to the finalist stage. When they found out I couldn't fly, the organization... View More

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2021

Interesting facts...I think the damages would be a bit speculative: as you stated, you weren't guaranteed the position, and otherwise suffered no expense (other than time, etc.). And even if you were able to overcome that hurdle, I would think those damages would be mitigated by your current... View More

1 Answer | Asked in Medical Malpractice for Michigan on
Q: How long do I have to file a medical malpractice suit?

I had back surgery 2 years ago (Jan2019). The incision got infected and a month later the Dr/surgeon cut my incision open during a checkup and had my wife pack my incision at home with non-sterilized supplies. They took me in for a second surgery (Feb2019). Right after the second surgery the... View More

Brent T. Geers
Brent T. Geers
answered on Mar 5, 2021

Sooner rather than later. You will really need to contact a medical malpractice attorney quickly.

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