What form of negligence laws are applicable to the state of Michigan, and how will these Michigan medical negligence laws affect my ability to sue?
The state of Michigan adheres to what is known as a doctrine of pure comparative fault, which means a patient will never be prevented from recovering damages in a lawsuit based on his or her own contribution to the injuries. However, the patient’s own contribution to his or her own injuries (otherwise known as comparative fault or contributory negligence) will decrease any medical malpractice lawsuit award amount proportionally to the level of fault assessed in a given case. One notable caveat to Michigan laws is that a patient cannot recover non-economic damages, if his or her fault is greater than the fault of all parties involved in a claim, including those not named as defendants.
Can a patient sue a hospital in the state of Michigan?
The ability to sue a hospital in a given medical malpractice claims case depends on whether a patient has a viable medical malpractice case in the first place. Certain cases, including those involving refusal to treat, premises liability claims, and hospital acquired infections, create direct negligence and liability for hospitals, or in other words, a patient can sue the hospital. However, in other cases, a patient’s injuries and other damages were caused by a doctor or medical professional, rather than the hospital itself. Under Michigan’s vicarious liability laws, a hospital can be sued for actions of employees, under the doctrine of respondeat superior. In cases involving negligence committed by non-employees or independent contractors, a hospital can also be sued, assuming the patient can prove ostensible agency existed.
What are the statutes of limitations applicable to the state of Michigan?
The statute of limitations period in the state of Michigan governing medical negligence claims requires that a patient commence legal action no later than two (2) years after the act giving grounds for filing the suit. Additionally, patients are afforded a six (6) month statute of limitation applicable to the discovery of harm or negligence, with a six (6) year state of repose applicable to all claims and dates. These statutes are only applicable to cases involving adults sustaining injuries not resulting in death.
Getting Legal Help with Medical Malpractice Laws
In reality, the complexity and highly case-specific nature of each medical malpractice case requires a patient to seek outside counsel and representation from a medical malpractice lawyer in the state of Michigan. Consult with a medical malpractice lawyer to learn more about the ability to sue a doctor or hospital, as well as how the process will work for your individual case.
