Legal Question in Medical Malpractice in Michigan

Mediation for malpractice

My niece had laparascopic hysterectomy for cancerous tumor on ovary. Spark in lap equipment burned dime size hole in colon. After 3 days rushed to emergency surgery to close hole and perform temporary colostomy. Six months to get the infection under control and postpone chemo. After 2 years now in second round of chemo for Stage IV ovarian cancer. Suing doctor and hospital, but hospital was somehow removed from case. Attorneys presented a mediation settlement of $75,000 and callously said accept it because you have Stage IV cancer anyway. Is it normal procedure to have mediation? Does this sound like a reasonable settlement in cases like this? If she refuses the settlement is her only alternative then to go to court and fight for more? If she loses, is she subject to any attorney fees? Please some answers - trying to help her � she is dealing with a lot right now.


Asked on 3/07/08, 5:19 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Mediation for malpractice

Mediation (now called case evaluation) is mandatory in all cases. This is a very expensive case to pursue. Your niece may not be around for a trial and if so, the jury is likely not to give much, if anything. If she is around for the trial, the jury will know that she will potentially not be around long and would not likely give a large verdict. There is always the argument that even though the result was horrible, it was not the result of malpractice. If you write me and I know the other lawyers, I'll tell you if they have a good reputation. William S. Stern

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Answered on 3/07/08, 7:54 pm


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