A pre-suit investigation checklist for Michigan medical malpractice claims can be a valuable tool for an injured patient and their attorney to use when planning a litigation strategy. Medical malpractice claims can lead to justice and appropriate recompense for patients injured by hospital negligence, but these claims are only successful when well-prepared and supported by strong evidence.
While a medical malpractice case is essentially a type of personal injury case, the legal frameworks surrounding malpractice cases can look quite different from a more routine civil case.
With Michigan being a top-ten state for medical malpractice cases, with an average of 21.64 reports per 100,000 residents yearly, it’s important to have a better understanding of how these special legal scenarios work.
An Example Pre-Suit Investigation Checklist for Michigan Medical Malpractice Cases
A pre-suit checklist can look pretty different from one case to the next, depending on what sort of malpractice is being dealt with and all of the various circumstances and details surrounding it. Because of this, a pre-suit investigation checklist should be something that you and your attorney custom-make to meet your exact scenario. Generally, however, it involves making sure you have all of the available evidence before you formally file the claim.
A pre-suit investigation checklist for a medical malpractice case in Michigan might look something like this:
- Gather all relevant medical records from the hospital that harmed you.
- Obtain medical records from any other doctor who previously helped you with the same medical issue that eventually led to the malpractice.
- Gather medical records from any provider that was involved in treating your malpractice injury.
- Request any files or metadata attached to electronic medical records, as these can show if charts were edited after the fact in an attempt to digitally cover a negligent provider’s tracks.
- Review and organize all of these medical records so that they tell a comprehensive and legally compelling story about the malpractice you suffered.
- Identify all defendants, ensuring anyone with any potential for liability is included and named in your complaint.
- Find qualified witnesses who can strengthen your case. These can be traditional, first-hand witnesses who saw the harm done to you, but in medical malpractice cases, they are often doctors or academics who are not directly related to the case but can provide powerful, well-informed testimony that helps explain why the situation qualifies as negligence.
- Draft your notice of intent, a special legal tool that informs the defendants of your intention to take legal action and gives them a generous window in which to respond.
Once you have actually finalized, processed, and correctly sent your notice of intent, the next step usually involves waiting. In Michigan, there is a mandatory waiting period that must be observed before you can move on with formal litigation. Productive out-of-court negotiations often begin during this phase.
Michigan Medical Malpractice Claims – Knowing When to Hire a Medical Malpractice Attorney
Hiring a medical malpractice attorney is a vital step in the overall claim process. When looking at it through the lens of your pre-suit checklist, there are essentially two options for when to hire an attorney: Before or after completing the checklist.
Complete Your Pre-Suit Checklist First
Complete as much of your pre-suit checklist as possible on your own before hiring an attorney. This way, you are as prepared as possible for discussing your case when you first reach out to an attorney, and also have a wealth of well-organized, well-contextualized evidence to hand over to them.
The obvious downside is that you are putting a lot of the tedious legal groundwork on your own plate, and possibly at a time when you are already struggling due to an injury or illness related to your malpractice incident.
Hire an Attorney Immediately
Hire an attorney as early as possible in the medical malpractice claim process. This is usually considered ideal, as it allows your attorney to contribute directly to the process of writing and completing any pre-suit checklists.
While this method can be more of a financial burden due to more billed hours working with an attorney, it can pay for itself both in terms of the burden it takes off your shoulders and in a more literal sense through the eventual results of your case.
Of course, knowing the right time to reach out to a law firm for help is only a very small part of actually choosing and hiring the right Michigan medical malpractice attorney for your needs. At Goethel Engelhardt, PLLC, we have more than four decades of experience with malpractice cases, and we can provide exceptional legal representation.
FAQs About Pre-Suit Investigation Checklist for Michigan Medical Malpractice Claims
What Are the Four C’s of Medical Malpractice?
The four C’s of medical malpractice are compassion, communication, competence, and charting (record-keeping). Doctors, nurses, and healthcare administrators usually focus on the four C’s to deliver better medical outcomes and build patient relationships to help avoid medical malpractice and ultimately save their institutions from the expense of losing medical malpractice cases.
How Long Does a Pre-Suit Investigation Take?
In some cases, a pre-suit investigation can take as long as a few months, often depending on how many providers or specialists are involved in the case. The timeline varies based on the complexity of the case and how quickly records and information can be obtained. An attorney can help move this stage of your case along efficiently.
Can I File a Medical Malpractice Claim Without a Pre-Suit Investigation in Michigan?
In most cases, you cannot file a medical malpractice claim without a pre-suit investigation in Michigan. Before a medical malpractice case can properly proceed, certain procedural steps must be completed. If you file without completing the pre-suit investigation, you risk having your case dismissed. You can hire a medical malpractice attorney to help you meet all requirements.
What Are the Odds of Succeeding in a Medical Malpractice Case?
The odds of succeeding in any medical malpractice case are based on the unique factors of that specific case. These factors can include the type of malpractice committed, the extent of the damage done to the patient, the amount and quality of evidence available, and how good an attorney you’re working with. For a better idea of the potential value of your claim, speak with an attorney directly.
Check “Hire a Great Malpractice Attorney” Off Your List With Goethel Engelhardt, PLLC
If you need help preparing, filing, or pursuing a medical malpractice claim, the top-notch medical malpractice team at Goethel Engelhardt, PLLC, is happy to assist. We offer confidential consultations, cost-effective legal help, and fully customized litigation strategies that get you exactly what you need out of the medical malpractice claim process. Contact us today.
