Suing Opposing Counsel For Malpractice In Michigan
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Ing to a study from the National Library of Medicine, the defendant tends to win 80% to 90% of jury trials that have weak evidence of medical negligence, 70% of jury trials in borderline cases, and 50% of cases with strong evidence of medical negligence.
Settlements for legal malpractice can meet or even exceed the range of $1,000,000. With hundreds of thousands and your reputation at stake, it's vital to be insured against these types of settlements and claims.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. This standard, called the privity rule, finds its footing in the definition of legal malpractice.
This can include drafting a contract with inconsistent terms, improperly using legal authority, or failing to inform clients about deadlines. If such a mistake leads to negative consequences or harm to your case, you may have a valid claim and could be able to sue your lawyer.
At the heart of a medical malpractice case are medical records. These typically include documentation of the patient's medical history, diagnostic tests, treatments, medication administration, and interactions with healthcare providers.
The hardest element of a medical malpractice case to prove is the breach of the duty of care, the second element. This is because proving that the medical provider acted in a way that was not reasonable can be difficult.
Conclusion. Proving causation is often the most difficult element of a medical malpractice case.
Michigan law outlines the requirements to pursue medical malpractice claims in Michigan. First, a plaintiff must serve a Notice of Intent to Sue. This document provides formal notice of the intent to pursue legal action against a healthcare provider or healthcare institution.
In general, you have two years from the date of the medical negligence to file a lawsuit in Michigan. There are exceptions for children and in some wrongful death cases. There is also a “discovery rule” which may allow you to file your lawsuit after the two-year period.
