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MI Medical Malpractice Law - Med Mal Claims Supported by the MI Surpreme Court

It is common for an experienced Detroit personal injury lawyer to represent a number of clients who have sustained personal injury or died as the result of medical malpractice. Fortunately, in two recent decisions, the Michigan Supreme Court has sided with the claimants of medical malpractice claims.

In one medical malpractice lawsuit, in 2002 Sara Griesbach took her teenage son Patrick to Walled Lake Medical Center complaining of pain in his right leg. The doctor’s assistant Robert Ross performed a medical examination upon the young man, ordered tests, and prescribed medication for pain moderation. However, the physician’s assistant failed to diagnose a severe bone infection that was the real cause of Patrick’s pain.

The Griesbach family filed a medical malpractice lawsuit against Ross, successfully proving their case to a jury in trial. Although The Court of Appeals reversed this decision, the Michigan Supreme Court vetoed the reversal. They ordered a Oakland County Judge to reconsider cases with regard to decisions made that extend the time period for filing certain personal injury claims. Justice Diane Hathaway explained, “The record reveals disputed facts regarding whether the notice of intent provided sufficient and timely notice.”

Last week, the Michigan Supreme Court also released a decision that creates new deadlines for medical practitioners that are being sued for malpractice. Specifically, health care providers have up to sixty-three days to challenge a notice of intent to sue. The tendency of Michigan high courts to rule in favor of claimants has increased, especially since Hathaway defeated Clifford Taylor in the 2008 election.

Victims of medical malpractice are often left with several questions–it is incredibly difficult to trust again after it is violated by health care professionals. A trustworthy and aggressive Detroit personal injury attorney will not only be able to provide answers, but also the best legal representation and legal advice. Doing so can help ensure a succesful outcome to your medical malpractice claim.