It’s Not Just a "Bad Outcome"
Medicine is not an exact science. Sometimes, despite a doctor’s best efforts, a patient doesn't get better. Sometimes, complications happen that no one could predict. In the eyes of the law, a bad result is not necessarily malpractice.
Medical Malpractice occurs only when a healthcare professional deviates from the "Standard of Care." This means they did something (or failed to do something) that a reasonably competent doctor in the same field would have done differently. If a cardiologist misses a clear sign of a heart attack that 99 out of 100 other cardiologists would have caught, that is negligence.
The High Hurdle: Michigan’s "Affidavit of Merit"
Michigan law protects doctors with strict procedural hurdles. You cannot simply file a lawsuit because you are angry. To even open a case, we must obtain an Affidavit of Merit.
This is a sworn statement signed by another doctor in the exact same specialty as the defendant. If you are suing a neurosurgeon, we must hire a neurosurgeon to review your records and swear under oath that malpractice occurred. If we cannot find a peer to sign this document, the case cannot proceed. This creates a high barrier to entry, ensuring only valid cases move forward.
Common Forms of Malpractice
While surgical errors (like operating on the wrong limb) make the headlines, the most common forms of malpractice are quieter:
- Misdiagnosis / Delayed Diagnosis: Failing to order a biopsy for a suspicious lump, dismissing stroke symptoms as a migraine, or failing to diagnose an infection before it becomes septic.
- Medication Errors: Prescribing the wrong dosage or a drug that interacts dangerously with the patient's known medications.
- Birth Injuries: Failing to perform a C-section when the baby is in distress, leading to cerebral palsy or other life-altering conditions.
The "Notice of Intent" Period
Before we can sue, Michigan law requires us to file a Notice of Intent (NOI). This serves a 182-day waiting period where we notify the doctor and hospital of the specific allegations. This period is designed to allow the hospital to investigate and potentially settle the claim before litigation begins.
However, hospitals rarely settle quickly. They have aggressive legal teams. If you suspect malpractice, you need a firm that understands the medicine as well as the law. At Shiraz Law Firm, we work with top medical experts to build a case that can withstand the scrutiny of the defense.
