If you have undergone surgery that went wrong, you may wonder if you have a case for medical malpractice. Surgery is a complex and risky procedure that requires skill, care and attention from the Michigan surgeon and the medical team. However, sometimes, mistakes happen that could have been prevented or corrected, resulting in serious harm.
A botched surgery example
One example of a surgical error is a botched rotator cuff surgery. A rotator cuff injury can cause pain, stiffness and reduced range of motion in the shoulder. Surgery may be recommended to repair the torn or damaged tissue. However, rotator cuff surgery is not without risks and complications.
A fictional Livonia, Michigan, resident experienced some of these complications after his rotator cuff surgery. He suffered from extreme pain and limited mobility. He sought a second opinion and found out that his surgery was performed poorly and caused tissue and nerve damage. He faced mounting medical expenses and a long recovery process.
Medical malpractice
Medical malpractice occurs when a health care provider deviates from the accepted standard of care in their field and causes injury or death to a patient. In Michigan, a patient who has been harmed by a surgical error or any other form of medical negligence has the right to file a lawsuit against the responsible party. Indeed, this fictional resident would likely have a medical malpractice case.
Filing the case
However, filing a medical malpractice lawsuit in Michigan is not easy. There are several requirements and deadlines that must be met to have a valid claim. Some of these include obtaining an affidavit of merit from a qualified expert who can testify that the surgeon breached the standard of care and caused harm to the patient.
You must serve a notice of intent to sue the surgeon and their employer at least 182 days before filing the lawsuit. The statute of limitations is 2 years from the date of the injury or 6 months after discovering the injury, whichever is later. At trial, you must prove by a preponderance of evidence that the surgeon’s negligence was the proximate cause of the patient’s damages.