Legal Question in Medical Malpractice in Michigan

Help me understand

Back in Jan.1997 my daughter recieved serious head injuries in an auto accident. the doctor ordered a naso-pharangeal suctioning which was performed by a young nurse (not a doctor) an intern had refused to do the procedure because of the skull fractures. My daughter began leaking spinal fluid from the nostril that the nurse had entered. She died as a result. The lawyer that reviewed the case told me that it would be impossible to prove that the procedure killed her, but i have been told by medical proffessionals that it should have been done by a doctor not a nurse. My attorney didnt address this issue, only whether or not the procedure caused her death. Have the statutes of limitations run out? If so, is there anything I can do?

I was just too grief stricken to fight at the time.


Asked on 6/21/03, 7:33 am

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

Re: Help me understand

As far as the statute of limitations is concerned, it depends on when an estate was started for your daughter. If an estate was started many years ago in an attempt to obtain the medical records, chances are the statute of limitations had run. However, as far as the elements necessary to win a malpractice case are concerned, you do need to prove all four elements. Simply because you would prove negligence, you would still lose if you could not prove that the negligence caused the death. Chances are, there was just too much damage to place the cause of death on that procedure. Bill Stern 248-353-9400

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Answered on 6/22/03, 9:33 am


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