When a patient dies during surgery from a medical error or medical mistake, the surviving family members can file a Michigan wrongful death lawsuit. The medical malpractice lawyers at Buckfire & Buckfire, P.C. are actively filing lawsuits for victims’ families who died an unexpected death during surgery.

Death during a routine surgery or non-emergency surgery can happen, but often times it is the result of medical malpractice. The most common causes of unexpected death during surgery include:

  • Anesthesia error
  • Surgeon error in the performance of the surgery
  • Cardiac arrest during surgery
  • Failure to monitor patient’s vitals
  • Uncontrolled bleeding
  • Lack of oxygen during surgery
  • Pulmonary embolism during surgery

A wrongful death lawsuit can be filed by relatives of the person killed in the accident. A probate estate must be opened and a personal represented, usually a family member, is appointed. After this is done, the personal representative can hire a lawyer to file the lawsuit.

In Michigan, this type of case is called a wrongful death case. The laws provide an order of priority and guidelines as to who can bring the lawsuit on behalf of the deceased person. Typically, a spouse, children, and parents of the decedent are given the priority and often agree with other on who will serve as the personal representative. If there is a dispute between family members on who will serve, the court will look to the statute and then other factors before deciding who to appoint in that role.

Under the Michigan Wrongful Death Act, certain family members can file a lawsuit seeking damages for the loss of another family member in a Michigan car accident. The family typically agrees on a personal representative who acts on behalf of the family and brings the lawsuit.

Yes, if you were disabled from work due to the accident. Under the Michigan No-Fault laws, you are entitled to receive 85% of your pay during your period of disability, up to three years after the accident.

This is called a Wrongful Death Case and can be brought by the personal representative of the estate, usually a family member. The claim can be made against the driver and the owner of the car that caused the accident in Michigan. If the other driver or owner of the car did not have insurance, an Uninsured Motorist Claim can be filed if this coverage exists.

There are multiple damages that family members can sue a defendant for. These include:

  • Loss of companionship
  • Funeral and burial costs
  • Loss of service
  • Loss of Income

These and other awarded damages are split one of two ways. Either the family reaches an agreement about a division or it is decided by the judge.

A wrongful death lawsuit in Michigan can only be filed by the relatives of the person killed in the accident. A probate estate must be opened and a person represented, usually a family member, is appointed. After this complete, the personal representative can hire a Michigan lawyer to file the wrongful death lawsuit.

The procedures for filing claims and lawsuits are different virtually everywhere and the time limitations for filing wrongful death claims isn’t always the same. Depending on what type of case it is, whether it is a medical malpractice, car accident, or motorcycle accident, for example, determines the statute of limitations for the case. If you miss a deadline, your claim will be lost forever.

A wrongful death lawsuit can only be filed by the relatives of the person killed in the Michigan accident. A probate estate must be opened and a personal representative, usually a family member, is appointed. Quite often, the family will agree on who should be appointed as the personal representative. When the family cannot agree on this appointment, a court hearing will be held and the probate judge will determine who is best suited for that appointment. After this complete, the personal representative can hire a Michigan lawyer to file the wrongful death lawsuit.

The personal representative does not determine which family members will receive shares of the settlement or even how much each person will receive. Rather, the probate court judge or circuit court judge assigned to the case will make that determination if the family members cannot agree on the distribution of the settlement proceeds.

A Michigan wrongful death lawsuit is governed by a statute (Michigan Wrongful Death Statute) that controls every aspect of the case, including how the settlement funds are distributed to the family members that survived the deceased. Some of the people entitled to the shares will include the deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters, and if none of these persons survive the deceased, then those person to whom the estate of the deceased would pass under the laws of interstate succession determined as the date of death of the deceased. However, each lawsuit is different and the procedure and applicable law depends on various facts.

When a family member dies in an accident or due to medical malpractice, the law provides a legal remedy to the surviving family members to file a wrongful death lawsuit. To file a wrongful death lawsuit, there are certain court filing requirements that must be completed before the actual suit is filed. First, there has to be a thorough investigation of the potential claim and damages to determine whether the case has merit. Once it is determined to be a meritorious claim, a family member of the decedent is typically appointed as the Personal Representative of the estate of the decedent to pursue the lawsuit on behalf of the other family members.

Yes, you can make a claim for survivor loss benefits if both parents died in a Michigan car accident. According to Michigan law, in certain instances, the surviving family members can make a claim for these benefits under the Michigan No-Fault Laws. Survivor loss benefits include loss of household services and wages for the first three years after the accident, as well as funeral and burial expenses. The procedures for filing wrongful death claims for Michigan car accidents are complex and there are strict time limitations and deadlines that you’re Michigan no fault insurance lawyer must follow.

Yes, you can claim wrongful death benefits if your husband died in a Michigan car accident. In this type of claim, the surviving family members can pursue a wrongful death lawsuit for Michigan car accident death. Wrongful death benefits include, but are not limited to, loss of society and companionship, loss of services provided by the family member, and the other economic losses sustained by the family. A claim can also be made for the conscious pain and suffering of the decedent from the time of the accident until death. These benefits can help the surviving family members a great deal especially if your husband was the primary income and wage earner in the family.

Yes you can file a Michigan wrongful death lawsuit for medical malpractice. In Michigan, all wrongful death lawsuits are authorized by the Michigan Wrongful Death Act, which includes a lawsuit for medical malpractice. There are a number of reasons why wrongful death lawsuits for medical malpractice or negligence are filed. Some of the most common medical mistakes that lead to the wrongful death of a patient include:

  • Medical mistakes and errors during surgery
  • Misdiagnosis of a life threating or potential life threatening condition
  • Medication errors and mistakes
  • Failure to treat and diagnose a condition, like cancer, heart attack or pulmonary embolism
  • Falls in hospitals and nursing homes causing death

To file a wrongful death case in Michigan, there are certain court filing requirements that must be completed before the actual suit is filed. First, there has to be a thorough investigation of the potential claim and damages to determine whether the case has merit. Once it is determined to be a meritorious claim, a family member of the decedent is typically appointed as the Personal Representative of the estate of the decedent to pursue the lawsuit on behalf of the other family members.

The personal representative does not determine which family members will receive shares of the settlement or even how much each person will receive. Rather, the probate court judge or circuit court judge assigned to the case will make that determination if the family members cannot agree on the distribution of the settlement proceeds.

The best Michigan attorney for a wrongful death case is an attorney that specializes in wrongful death. Wrongful death cases are difficult lawsuits to handle and many of times take a substantial amount of time to settle. The Michigan attorney you hire to handle your wrongful death case must have the experience and expertise in these types of lawsuits to ensure you get the settlement you deserve.

At Buckfire & Buckfire, P.C., our award winning wrongful death lawyers in Michigan perform a detailed analysis of your records to determine whether your family member has been the victim of a wrongful death. We will discuss your case with you, review your records, and advise you whether you have a legitimate claim for a wrongful death case.

A Michigan wrongful death case is when a lawsuit is filed on behalf of family members of individuals who have died due to the negligence of another or were tragically killed in a Michigan accident. A wrongful death case can include cases for car accidents, motorcycle accidents, slip and fall accidents, medical malpractice, nursing home neglect, and all other accident and intentional injury cases.

In Michigan, a wrongful death case must be filed in accordance with the Michigan Wrongful Death Act Statute, which provides:

(1) Whenever the death of a person or injuries resulting in death shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under circumstances that constitute a felony.

To ensure you are hiring the best Michigan attorney for wrongful death lawsuit, you will want to make sure that the lawyer you hire has significant experience in these types of cases. The procedures for filing wrongful death claims and lawsuits are different virtually everywhere and the time limitations are not always the same. For this reason, it is important that the Michigan attorney you hire is aware of these procedures as well as the statute of limitations. In addition, the best attorney will have a complete understanding of the Michigan Wrongful Death that, in which all wrongful death lawsuits are authorized by.

A Michigan wrongful death lawsuit is defined by the Michigan Wrongful Death Act, MCL § 600.2922. This act states that wrongful death has taken place “Whenever the death of a person or injuries resulting in death shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under circumstances that constitute a felony.”

There is a certain procedures and time limitations one should follow and understand when filing a Michigan wrongful death lawsuit. That is why it is very important to contact an experienced wrongful death attorney immediately if you have lost someone due to a wrongful death accident in Michigan.