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Michigan Wrongful Death Lawyer

Many people are physically frail when they undergo surgical or other procedures at area hospitals. So, many medical malpractice victims do not survive their injuries. No amount of money could possibly replace this loss, but a wrongful death claim may give families the resources they need to move on. A simple free consultation with a wrongful death attorney in Michigan is very helpful in these situations.

The legal and medical professionals at Buchanan Firm understand what you are going through because we have handled hundreds of these situations over the years. So, we begin each wrongful death case with a conversation. After our wrongful death lawyers listen to you, we quickly evaluate your case and begin working on your behalf. Through it all, our lawyers proactively communicate with you, so you have additional peace of mind.

What Causes Medical Malpractice Wrongful Death?

When patients visit doctors’ offices or check into clinics, the medical professionals at these places have complete control over the patient’s health and welfare. So, doctors have a very high legal responsibility. Unfortunately, many doctors do not live up to this high standard. Many patients suffer serious injuries under a physician’s care. Some instances include:

  • Misdiagnosis: Serious illnesses, like cancer, are usually treatable or at least manageable if doctors diagnose them promptly. But cancer survival rates plummet if doctors ignore obvious warning signs or refuse to run diagnostic tests.
  • Surgical Errors: Serious surgical mistakes, like medical misdiagnosis, should never happen, because of the aforementioned legal duty. However, both misdiagnosis and surgical mistakes, like possibly fatal burns, are all too common.
  • Brain Injuries: Sometimes, misdiagnosis and surgical errors overlap. Brain injuries are a good example. Doctors often do not promptly diagnose illnesses like aneurysms and meningitis which can cause these wounds. Additionally, when mothers and babies are in distress, many labor and delivery doctors make the situation worse instead of better.

Other potentially fatal medical malpractice issues include unintentional brain hypoxia and critical emergency room errors.

Filing a Wrongful Death Claim in Michigan

In the Wolverine State, many wrongful death claims are procedurally complex. Knowing what to expect makes the process easier.

Typically, the decedent’s personal representative or legal executor must file legal paperwork. After this person sends notice of the claim to eligible family members, these individuals have only sixty days to respond. If they fail to do so, they may lose any right to compensation. Under Michigan law, this compensation includes items like:

  • Medical expenses related to the decedent’s final injury or illness
  • Lost future wages
  • Decedent’s own pain and suffering
  • Lost future emotional support
  • Survivors’ pain and suffering

Most wrongful death claims settle out of court. So, a Michigan wrongful death attorney must be a very good negotiator as well as an effective advocate.

Is the Hospital Responsible for These Losses?

In most cases, yes. The respondeat superior doctrine usually applies in these matters. Legally, employers are responsible for the negligent acts their employees commit while they act within the scope of employment.

Michigan law defines key terms in broad, victim-friendly ways. For example, the “scope of employment” includes any act that benefits the employer in any way. In a workers’ compensation context, an injury at an employee softball game is within the scope of employment. The free advertising benefits the employer, as do healthier and happier employees.

Vicarious liability theories like this one are very important in malpractice cases. Many times, a lawsuit is the only way to convince clinics and hospitals to change their business practices and exercise more oversight over their employees. In other words, respondeat superior protects future patients, so they may not endure the same loss your family has endured.

Count on an Aggressive Wrongful Death Lawyer

Any form of medical malpractice should never be tolerated. For a free consultation with an experienced Michigan wrongful death lawyer, contact Buchanan Firm. We do not charge upfront legal fees in these cases.