Michigan medical malpractice lawyers file lawsuits for patients who have been harmed by doctors, hospitals and clinics throughout the State of Michigan. A victim of medical malpractice, or family member, can file a lawsuit if there was negligent treatment by a medical professional. This includes medical negligence by a doctor, nurse, hospital, clinic, nursing home, or any other licensed medical provider.
Medical malpractice can occur in many different ways. Some of the most common types of medical negligence include:
- Birth injuries, like cerebral palsy
- Misdiagnosis and failure to diagnose
- Surgery errors
- Anesthesia mistakes
- Emergency room errors
- Medication mistakes
- Misread x-rays and radiology studies
Types of Compensation for Victims of Medical Malpractice
Under Michigan law, a victim of medical malpractice can receive compensation for:
- Pain and suffering
- Loss of enjoyment of life
- Fright and shock
- Scarring and disfigurement
- Loss of earnings (past, present, and future)
- Medical expenses
In cases involving the death of a patient, the surviving family members can file a wrongful death lawsuit.
How Long Does a Malpractice Settlement Take in Michigan?
Cases involving medical negligence generally take longer to get a settlement than other personal injury cases. This is because the claims are complex and involved and require opinions from medical experts on the required issues of the case. Also, unlike basic negligence cases, liability these matters is disputed more aggressively by doctors, hospitals, and insurance companies.
In Michigan, there are also legal requirements that extend the time length of these cases. For example, there is an automatic six month waiting period before a lawsuit can even be filed after a Notice of Intent is served on the responsible medical providers. This alone pushes the time frame back in addition to the time required to litigate the case.
There are some occasions in which a case will be settled without the filing of a lawsuit. In these situations, the case can settle more quickly after the records have been reviewed by your lawyer. In clear cases of malpractice, the parties negotiate a settlement rather than invest the significant time and expense of protracted litigation.
What is the Average Settlement for a Malpractice Case?
There is no “typical” or “average” settlement amount for malpractice in Michigan, because no two cases are the same. Each case is based on the strength of the liability, the severity of the harm caused, and economic losses suffered by the victim. A settlement amount depends on a number of these factors, which means it is unique to every case.
Michigan does have damage cap limits on professional negligence cases. For cases alleging medical negligence, there is a two-tiered cap on non-economic (pain and suffering) damages. The limit amount is adjusted yearly based upon inflation. When you call our attorneys, we will tell you the current damage cap amount.
Examples of Our Michigan Medical Malpractice Settlements
Our expert medical malpractice lawyers win the highest possible settlements and jury verdicts. Below are examples of medical malpractice cases won by our award-winning Michigan law firm, with settlement numbers up to $4,500,000.
- $4,500,000 Settlement against a hospital and OBGYN for a birth injury resulting in cerebral palsy
- $4,100,000 Settlement against a Michigan hospital for surgical error that caused severe complications.
- $3,750,000 Settlement for an Ann Arbor teenager not properly supervised in the suicide wing of a hospital.
- $3,500,000 Settlement against a Detroit area hospital for the wrongful death of a patient
- $3,000,000 Settlement in a birth injury lawsuit for a child with cerebral palsy against a Michigan hospital
- $2,000,000 Settlement against a VA Hospital for the failure to treat which resulted in paralysis
- $900,000 Settlement against a Saginaw hospital for misdiagnosis of cauda equina syndrome.
- $800,000 Settlement against a VA Hospital for the wrongful death of a veteran at the hospital
- $800,000 Settlement against a hospital for a medication overdose resulting in a coma and subsequent partial paralysis
- $700,000 Settlement against an emergency room doctor and hospital for failing to diagnose a stroke
- $625,000 Settlement in a Macomb County misdiagnosed pulmonary embolism death.
- $400,000 Settlement against a Detroit area emergency room for failing to diagnose frostbite for a patient.
- $390,000 Settlement in Port Huron for a patient who suffered serious complications after surgery.
- $290,000 Settlement for a Michigan woman who suffered a pressure ulcer in the intensive care unit.
- Confidential Settlement for the estate and family of a Michigan woman who suffered a pulmonary embolism due to medical malpractice
- Confidential Settlement for a man who was significantly over-dosed by hospital staff, causing paralysis
- Confidential Settlement for the family of a man whose brain bleed went unrecognized by negligent hospital staff
- Confidential Settlement for a woman who hospital staff ignored after suffering a massive stroke
- Confidential Settlement for a woman whose eye injury was misdiagnosed, resulting in almost complete vision loss
- Confidential Settlement for the family of a woman whose pulmonary embolism went misdiagnosed by negligent Urgent Care Center staff
- Confidential Settlement for a Wayne County man who sustained severe neurological injuries as a result of medical malpractice
- Confidential Settlement for the family of a 65-year-old father who suffered wrongful death during surgery
Why are Some Settlements Classified as “Confidential?”
We have many other settlements that could not be disclosed due to confidentiality agreements with the medical providers. Doctors, hospitals, and their malpractice insurance companies often require this provision as a part of the settlement agreement. This is done to prevent disclosure of paid out claims and the amounts so that the information is not available to the general public.
More Examples of Settlements In Medical Negligence Lawsuits In Michigan
- $9,000,000 medical malpractice settlement. A patient suffered severe hypoxic encephalopathy due to the delay in calling a code in the hospital emergency department. The sixteen minute delay resulted in a deprivation of oxygen which resulted in permanent injuries.
- $3,500,000 medical malpractice settlement against a Michigan hospital and surgeon. The minor patient suffered severe and irreversible neurological deficits after undergoing surgery to repair a skeletal abnormality. The complications that resulted in the post-operative deficits were avoidable.
- $3,500,000 surgery malpractice settlement. The patient suffered a spinal cord injury due to a physician’s negligent recommendation of a procedure to fill a collapsed vertebrae. The physician ‘s failure to abandon the procedure after noting signs of neurological injury caused the patient’s paraplegia.
- $3,100,000 stroke malpractice settlement. A patient had a stroke during a bone marrow transplant due to physician’s failure to aggressively treat his dangerously elevated blood pressure. The failure caused a left temporo-occipital intracerebral hemorrhagic stroke, leaving the patient significantly injured.
- $2,500,000 medical malpractice settlement. for a 33 year-old patient who suffered severe and permanent brain damage after an emergency room physician prescribed incorrect medication. The patient went into cardiac arrest and was resuscitated after 14 minutes, during which time he suffered significant hypoxic ischemic injury to his brain.
- $2,500,000 settlement for a patient who suffered neurological damage and paraplegia due to a doctors failure to time diagnose an epidural abscess of the spine
- $2,4000.00 settlement against a hospital for failing to diagnose a bowel obstruction in a 6 year old child resulting in partial loss of his bowel.
- $1,750,000 jury verdict against a Detroit hospital due to errors during a surgery which caused severe brain damage and let to a subsequent death.
- $1,670,000 Wayne County jury verdict against Henry Ford Wyandotte Hospital in a medical malpractice wrongful death lawsuit.
- $1,100,000 settlement for a patient who suffered a stroke after unruptured aneurysm treatment.
- $1,250,000 jury verdict against a Michigan doctor for negligently placing an IVC filter in a woman which resulted in substantial injury to the patient.
- $1,000,000 settlement for an abdominal aortic aneurysm that was not diagnosed in the emergency department resulting in the death of the patient
Do You Have To Pay Taxes On Medical Malpractice Settlements?
In general, these settlements are not subject to IRS or state taxes because they are primarily based upon losses that are not financial in nature. Most payouts are for non-economic damages, like pain and suffering, disability, and psychological injuries so they are not taxed. It is advisable to contact your accountant or tax preparer for advice about any tax requirements in your case.
Contact a Michigan Medical Malpractice Lawyer
If you or a family member has suffered an injury or complication due to the negligence of a doctor, hospital or health care provider in Michigan, our lawyers can help you. We have recovered millions of dollars in settlements and jury verdicts for people just like you.
Call us today to speak with one of our top-rated lawyers about your case. We will listen to your story. If you have a case, we will get started on it immediately.
- 29000 Inkster Road
Southfield, MI 48034
- Phone: (248) 595-7544
- 19 Clifford St.
Suite 805 Merchants Row
Detroit, MI 48226
- Phone: (313) 992-8281
- 1001 Woodward Ave.
Detroit, MI 48226
- Phone: (313) 777-8482
- 343 S. Main Street
Ann Arbor, MI 48104
- Phone: (734) 888-3003
- 51424 Van Dyke Ave
Shelby Township, MI 48316
- Phone: (586) 250-2626
By: Nat Bushell
Client Description: Buckfire & Buckfire did a great job working on my husband's family case with our Mother. They communicated very well throughout the process. Whenever a question did arise they were available to answer those questions. Thank you Buckfire & Buckfire for all of your hard work. Now the family can finally put this all behind them and keep their Mother's legacy alive and move forward.
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