Legal Question in Medical Malpractice in Michigan

Re: cancer misdiagnosis

Your mother MIGHT have a case. First, there is a very strict rule that covers time limits on these cases. Generally malpractice lawsuits have to be filed within 2 years after the malpractice occurs. There may be some rare exceptions to that rule however, your mother should immediately meet with an experienced malpractice attorney.

Re: cancer misdiagnosis

Your mother may have a claim for the cancer misdiagnosis. The ability to pursue a claim will in large part depend upon the medical records and how well they support a negligence claim.

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. Your mother's care may be such a case.

Even if negligence can be established, there are risks involved with pursuing a medical malpractice claim. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.

Please keep in mind that you have a two year statute of limitations in Michigan for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.