Legally Reviewed and Edited by: Terry Cochran

Published on: January 27, 2025

When you go to a doctor, nurse, or other medical professional, you expect to receive proper care. However, errors can occur, and some mistakes have serious, lasting consequences. If a healthcare provider’s negligence has caused harm to you or a loved one, you may have the right to pursue a medical malpractice claim.

But as you deal with the physical and emotional toll of medical negligence, it can feel overwhelming to know what to do next or how to hold the provider accountable. These claims can be complicated, requiring strong legal arguments, expert testimony, and solid evidence to prove negligence.

At Cochran, Kroll, & Associates, P.C., our Detroit medical malpractice attorneys can guide you through every step and help you pursue the compensation you deserve. Learn what actions to take after suspected medical malpractice and how we can support you along the way.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, or other healthcare provider fails to provide proper care and harms a patient. It’s more than just a careless mistake or error—it’s a failure to meet the medical standards that keep patients safe.

Legally referred to as the standard of care, this means that healthcare providers must treat patients with the same level of skill, knowledge, and attention a competent professional in their field would provide under similar circumstances. Failing to meet this standard can result in serious harm.

To have a valid medical malpractice claim, you must show that the provider’s negligence fell below this standard and directly led to injury or damage.

Common Types of Medical Malpractice Cases

Medical malpractice can happen across all healthcare settings—from hospitals to private clinics or nursing homes. Understanding common types can help you identify potential instances of malpractice in your own medical care:

How To Prove Medical Malpractice?

To file a medical malpractice claim, you need to show four legal elements:

• Duty of care. The healthcare provider was responsible for treating you. If there was a doctor-patient relationship, they had a legal duty to provide proper care.
• Breach of duty. The provider failed to meet the expected standard of care. This means they made a mistake or acted in a way that a competent professional in the same field would not have.
• Causation. The provider’s failure directly caused your injury or made your condition worse. You must show that the harm would not have happened if they had given proper care.
• Damages. You suffered real harm because of the provider’s actions. This could include physical pain, additional medical bills, lost income, or other serious effects on your life.

Evidence to support these elements may include medical records, expert testimonies, and documentation of your condition before and after the alleged malpractice.

Steps for Filing a Medical Malpractice Claim in Detroit

If you suspect you’ve been a victim of medical malpractice in Detroit, you must act quickly. In most cases, Michigan’s medical malpractice statute of limitation is only two years from the date of injury.

Filing a medical malpractice lawsuit in Detroit requires the following steps:

1. Seek Immediate Medical Attention

Your health comes first. If a medical provider’s mistake caused harm, see another healthcare professional as soon as possible. They can assess what caused your injuries, provide the right treatment, document your condition, and help prevent further complications.

2. Document Your Experience

Keep detailed records of your medical treatments and how the injury has affected you. Share the following with your medical malpractice attorney:

• Obtain copies of medical records, including test results, prescriptions, and treatment plans
• Write down symptoms, pain levels, and any changes to daily life
• Take photos of visible injuries or physical changes

Thorough documentation can be important evidence if you decide to file a claim.

3. Communicate With the Healthcare Provider

Immediately after the injury, speak with the healthcare provider or facility about what happened.

• Ask specific questions about your treatment and what may have gone wrong
• Take notes or record the discussion (with permission) to document their responses

Having this conversation early can help protect your health and provide useful information if you decide to take further action.

4. Consult a Medical Malpractice Attorney

Speaking with a Michigan ER medical negligence attorney can help you understand your options and what steps to take next. A lawyer can:

• Review your case to determine if medical malpractice occurred
• Explain legal deadlines and the steps involved in filing a claim
• Work with medical experts to support your case

A qualified legal team can guide you through the process and help build a strong claim.

5. File a Notice of Intent

Before filing a medical malpractice lawsuit in Michigan, you must notify the healthcare provider at least 182 days in advance. This formal notice, called a Notice of Intent (NOI), should include

• A summary of what happened and why you believe malpractice occurred
• An explanation of the proper standard of care and how the provider failed to meet it
• Details on what the provider did or failed to do that caused harm
• A description of the injuries and how they resulted from the negligence

This step is required before taking legal action and allows the provider to respond.

6. Obtain an Affidavit of Merit

Most medical malpractice cases in Michigan require expert testimony. You’ll need an Affidavit of Merit that shows the following:

• A medical expert has reviewed your records
• The provider failed to meet the standard of care
• This failure directly caused your injury

Your attorney will work with a medical expert to obtain this document, which is required to proceed with your case.

7. File a Claim with the Insurance Provider

After gathering evidence and expert testimony, your attorney will file a medical malpractice claim with the healthcare provider’s insurance company. This process includes:

• Submitting medical records, expert affidavits, and other supporting documents
• Negotiating with the insurance company, which may offer a settlement to avoid trial
• Reviewing settlement offers to determine if they fairly cover medical costs, lost wages, and other damages

If a fair settlement isn’t reached, your attorney may proceed with filing a lawsuit.

8. Prepare for Litigation if Necessary

If negotiations fail, the next step is filing a formal lawsuit. Your attorney will handle:

• Filing a complaint that details your allegations and legal claims
• Exchanging evidence, conducting depositions, and gathering expert testimony during discovery
• Preparing for trial, where a judge or jury will decide liability and damages if no agreement is reached

While many cases—about 91%–settle before trial, having an attorney ready to present your case in court strengthens your position.

How the Team at Cochran, Kroll & Associates, P.C. Can Help

At Cochran, Kroll & Associates, P.C., we are committed to advocating for victims of medical malpractice in Detroit. Our medical malpractice team, led by Eileen Kroll, a registered nurse and seasoned attorney, brings a unique combination of medical and legal expertise to every case.

We understand the physical, emotional, and financial toll medical negligence can take on patients and their families. That’s why we work tirelessly to:

• Investigate your case thoroughly, gathering evidence like medical records, expert opinions, and witness statements.
• Build a winning case demonstrating the healthcare provider’s negligence and the harm it caused.
• Negotiate firmly with insurance companies to secure fair settlements.
• Take your case to trial if necessary, ensuring your voice is heard and your rights are protected.

We aim to help you recover the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages.

Contact a Detroit Medical Malpractice Attorney Today

If you suspect you’ve been a victim of medical malpractice in Detroit, speak with an attorney at Cochran, Kroll, & Associates, P.C. for qualified legal help. We specialize in medical malpractice claims in Michigan and have won millions for patients injured at the hands of careless providers.

Contact us today for a free consultation. We will evaluate your case, explain your legal options, and help you determine the best path forward.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.