Think a medical mistake hurt you or a family member? In Michigan, the first questions are whether it is malpractice, who can testify to the standard of care, and which notices and deadlines apply
I am Mitchell Bisson, a Grand Rapids personal injury lawyer. I have litigated for over 15 years. Big-Firm Power. Street-Level Grit. A medical malpractice claim is built on records and testimony from a qualified witness, so the first questions are what was done, what the standard of care required, and who can speak to that standard.
A bad outcome alone is not enough. Michigan requires proof of four things: the applicable standard of care, a breach of it by the defendant, an injury, and proximate causation between the breach and the injury. A complication or poor result proves nothing until it is compared with what the standard required at the time. Testimony from a qualified witness is required to establish both the standard and the breach, and under MCL 600.2169 that witness must practice in the same field as the defendant and, for a physician in a recognized specialty, in the same specialty. The affidavit of merit under MCL 600.2912d(1) must be signed by someone the plaintiff’s attorney reasonably believes meets that statute, so this question has to be answered before the lawsuit is filed.
Whether a claim against a hospital or nursing home is malpractice or ordinary negligence matters because a malpractice claim carries the notice of intent under MCL 600.2912b, the affidavit of merit, and the 2-year period in MCL 600.5805(8), while ordinary negligence generally has the 3-year period in MCL 600.5805(2). The answer turns on the facts alleged, not on what a family calls the problem, so the shorter deadline and the notice of intent should be calendared early. One incident can produce both kinds of claim.
A hospital is generally not liable for an independent doctor who only uses its facilities, but it can be if the patient looked to the hospital for treatment and was led to believe the doctors there were its agents. Each health professional and health facility must also receive its own notice of intent under MCL 600.2912b(1). In a delayed diagnosis case, how the harm is described and proved matters from the notice of intent forward, because a claim framed as only a reduced chance of a better result invites the 50 percent threshold in MCL 600.2912a(2).
Common questions about Michigan medical malpractice claims
What do I have to prove in a Michigan medical malpractice case, and is a bad outcome enough?
A bad outcome alone is not enough. Michigan requires proof of four things: the applicable standard of care, a breach of it by the defendant, an injury, and proximate causation between the breach and the injury. Under MCL 600.2912a(1), the standard for a general practitioner is the one recognized in the community or a similar one, and for a physician in a specialty it is the standard within that specialty.
Is my claim against a hospital or nursing home medical malpractice or ordinary negligence, and why does it matter?
Michigan courts ask two questions: did the claim arise within a professional relationship, and does it raise questions of medical judgment beyond common knowledge and experience? If both answers are yes, the claim is medical malpractice and the malpractice procedures apply. If a jury could judge the conduct with everyday common sense, it is ordinary negligence.
Can I sue the hospital if an independent doctor made the mistake?
Sometimes. A hospital is generally not vicariously liable for a physician who is an independent contractor and only uses its facilities. But under Grewe v Mount Clemens General Hospital, if the patient looked to the hospital for treatment and the hospital led the patient to believe the doctors there were its agents, the hospital can be liable through ostensible agency. The question is whether you relied on the hospital or on your own doctor.
Who can testify about the standard of care in a Michigan medical malpractice case?
Under MCL 600.2169(1), the witness must be a licensed health professional who practices in the same field as the defendant. If the defendant is a physician in a recognized medical specialty, the witness must practice in that same specialty, and be board certified in it if the defendant is. The witness must also have spent most of the year before the events in clinical practice or teaching that field.
If a delayed diagnosis only lowered my chance of recovery, does the 50 percent rule bar my claim?
Not automatically. MCL 600.2912a(2) bars recovery for a lost opportunity to survive or achieve a better result unless the opportunity was greater than 50 percent. But in O'Neal v St John Hospital, the Michigan Supreme Court held that sentence applies only to claims pleaded as loss of opportunity, not to traditional malpractice claims where the negligence more probably than not caused the injury.
For short answers with the statute or court rule behind each one, see my Michigan FAQs on medical malpractice (6 answers).
Talk to me about a Michigan medical malpractice claim
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Hurt by a medical mistake in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
Related Michigan pages
For the injury practice as a whole, including no-fault and crash claims, see my Grand Rapids personal injury lawyer page. If the medical error led to a death, see my Grand Rapids wrongful death lawyer page. For a wider look at injury claims based on carelessness, see my Grand Rapids negligence lawyer page. For a wider look at my litigation practice, see my Grand Rapids civil litigation attorney page. If a judgment goes against you, see my Michigan appeals lawyer page, and for short answers, see my Michigan legal FAQs. My practice also includes civil rights and real estate.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.