Troy Medical Malpractice Lawyers

Why Choose LegalGenius for Your Medical Malpractice Lawsuit in Troy?

According to one study, an estimated 400,000 hospitalized patients experience some degree of preventable injury each year in the United States. Malpractice cases are extremely challenging in that they can involve large healthcare facilities with teams of defense lawyers, but at LegalGenius, PLLC, we always fight to win. When you hire our Troy medical malpractice lawyers, we bring the following benefits to your case:

• Decades of Experience: Our firm is led by Attorney Jeffrey Perlman, who brings more than 35 years of legal experience to every case. He listens to you, evaluates the evidence, and prepares malpractice claims that are both thorough and compelling.
• A Team with Over 100 Years of Combined Experience: Our legal team has handled cases involving surgical errors, delayed diagnoses, and medication mistakes. We use prior case outcomes, deposition strategies, and trial preparation methods to build claims that meet Michigan malpractice standards
• A Track Record of Recovering Compensation for Clients: Our firm has recovered millions of dollars from insurance companies on behalf of injured clients. We present medical records, billing data, and professional opinions to support the value of your claim.
• Fast Response and Ongoing Communication: Our Troy medical malpractice lawyers respond to new inquiries and return calls without delay. You receive updates on filings, expert reviews, and court dates so you know how your claim is progressing. 
• No Fee Unless We Win Your Case: LegalGenius handles malpractice claims on a contingency basis, so you don’t have to come up with a deposit or retainer. We are paid only if compensation is recovered through settlement or trial.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider harms a patient by failing to treat them according to accepted medical standards. The key issue is not a bad outcome alone, but whether their actions fell below what another qualified provider would have done under the same conditions.

Below is some information from the National Practitioner Data Bank about the number of malpractice cases paid out between 2020 and 2025. 

To bring a malpractice claim in Michigan, you must prove four elements:

1. The provider had a duty to treat you, which exists once a doctor-patient relationship is established through an appointment, procedure, or hospital admission. 
2. The provider breached that duty by making a decision or taking an action that did not meet accepted medical standards, such as failing to order necessary tests or performing a procedure incorrectly.
3. The provider’s mistake directly caused your injury. For example, if a delayed diagnosis allowed a condition to worsen, the claim must show how earlier detection would have changed the outcome.
4. You suffered damages. This includes additional medical treatment, lost income, permanent injury, or reduced ability to work. Medical bills, employment records, and physician reports are used to document these losses. Without clear proof of damages, a malpractice claim can’t move forward.

Common Types of Medical Malpractice Cases

Medical malpractice claims arise from identifiable treatment errors. Each type of claim depends on showing what the provider did, what should have been done, and how that difference left you injured.

• Misdiagnosis or Delayed Diagnosis: A misdiagnosis happens when a provider identifies the wrong condition and treats the patient based on that incorrect conclusion. A delayed diagnosis occurs when a provider fails to identify a condition within a reasonable time frame, even though symptoms or test results support further evaluation. These errors can allow conditions such as cancer, infections, or internal injuries to progress without proper treatment.
• Surgical Errors: Surgical malpractice includes operating on the wrong site, leaving instruments inside the body, or performing a procedure that was not authorized. It also includes failures during surgery, such as improper technique or lack of monitoring, that lead to complications. Operative reports, anesthesia records, and post-operative notes are used to identify where the procedure deviated from accepted practice.
• Medication Errors: Medication errors occur when a patient receives the wrong drug, an incorrect dosage, or a medication that conflicts with existing prescriptions or allergies. These errors can happen during prescribing, dispensing, or administration in a hospital or pharmacy setting. Pharmacy records, physician orders, and nursing logs help establish how the error occurred and who was responsible.
• Birth Injuries: Birth injury claims involve harm to the infant or mother during pregnancy, labor, or delivery. This can include failure to monitor fetal distress, delayed C-section, or improper use of delivery tools. Medical records from prenatal care, labor monitoring, and delivery notes are reviewed to determine how the injury occurred.
• Anesthesia Errors: Anesthesia malpractice includes incorrect dosage, failure to monitor vital signs, or failure to respond to complications during a procedure. These errors can lead to brain injury, cardiac issues, or death. Anesthesia logs and monitoring records provide a timeline of what occurred during the procedure.
• Failure to Treat: Failure to treat happens when a provider diagnoses a condition but does not take action to address it. This can include discharging a patient too early, failing to refer to a specialist, or not ordering follow-up care. Medical records and discharge instructions are used to show that necessary treatment was not provided.

Who Can Be Held Liable in a Medical Malpractice Case?

Medical malpractice claims aren’t limited to one type of provider. Liability depends on who was responsible for your care and how their actions contributed to the injury. In many cases, more than one party may be responsible.

• Physicians and Surgeons: Doctors are responsible for diagnosing conditions, ordering tests, and performing procedures. A physician may be liable for errors such as misdiagnosis, delayed diagnosis, or surgical mistakes.
• Nurses and Medical Staff: Nurses and support staff carry out physician orders, administer medication, and monitor patient condition. Errors can include incorrect medication administration, failure to report changes in condition, or improper patient monitoring. 
• Hospitals and Medical Facilities: Hospitals can be held liable for the actions of their employees, as well as for policies that affect patient care. This includes staffing decisions, training practices, and supervision of medical personnel.
• Specialists and Technicians: Specialists such as radiologists, anesthesiologists, and lab technicians can play a direct role in diagnosis and treatment. Errors may include misreading imaging results, improper anesthesia administration, or inaccurate lab reporting. 
• Pharmacists and Pharmacies: Pharmacists are responsible for filling prescriptions correctly and identifying harmful drug interactions. Liability may arise from dispensing the wrong medication, incorrect dosage, or failing to flag known risks. Pharmacy records and prescription histories help show where the error occurred.

In many malpractice cases, liability is shared between multiple providers. LegalGenius reviews each stage of your treatment to identify every party responsible for your injuries. This approach ensures that all sources of liability are addressed when pursuing compensation.

How Do You Know If You Have a Medical Malpractice Case?

Not every poor medical outcome leads to a valid malpractice claim. The key question is whether a provider failed to follow accepted medical standards and caused injury as a result. If any of the following apply to your situation, you may have grounds to sue the provider:

• Unexpected Outcome After Treatment: A result that does not match the treatment provided can point to an error. For example, a patient may undergo a routine procedure and then experience complications due to improper technique or lack of monitoring. Medical charts and post-treatment records help show what occurred and when.
• Failure to Order or Act on Tests: A medical provider may fail to order tests when symptoms support further evaluation, or ignore results that show a serious condition. Lab reports, imaging results, and physician notes help establish what information was available at the time and how the provider responded.
• Worsening Condition Without Explanation: A condition that becomes more severe without a clear medical reason may indicate a delay in diagnosis or treatment. Records that track symptoms, appointments, and treatment plans can show gaps in care that allowed the condition to progress.
• Complications Linked to Surgery or Medication: Complications that arise after surgery or medication use can point to errors such as incorrect dosage, improper procedure, or lack of follow-up care. Operative reports, anesthesia logs, and prescription records help identify where the error occurred.
• Second Medical Opinion Identifies an Error: Another provider may review your records and identify a missed diagnosis, incorrect treatment, or delay in care. This type of review can confirm that the original provider did not meet accepted medical standards.

Our Troy medical malpractice lawyers can review your medical records, identify gaps in treatment, and work with physicians who evaluate the care you received. If the evidence shows a failure and resulting harm, your claim can move forward.

How is a Medical Malpractice Claim Filed in Troy?

A medical malpractice claim begins with one question: What exactly went wrong during your treatment, and can it be proven? Here’s a general overview of the process from beginning to end.

• Initial Case Review and Record Collection: Once you hire our Troy medical malpractice lawyers, we request complete medical records from every provider involved in your care. These records may include admission notes, progress notes, operative reports, discharge summaries, imaging studies, and billing statements. 
• Medical Review and Claim Evaluation: After collecting records, we submit them to a licensed physician in the same field as the provider involved. This physician reviews the treatment, compares it to accepted medical practices, and determines if a breach occurred. The review also addresses causation, which links the provider’s actions to the injury shown in the records.
• Notice of Intent to File a Claim: Michigan law requires a written Notice of Intent to be sent to each healthcare provider before filing a lawsuit. This notice outlines the basis of the claim, identifies the standard of care, and explains how the provider failed to meet that standard. A statutory waiting period follows, during which the provider and their insurer can review the claim.
• Affidavit of Merit Filing Requirement: A malpractice complaint must include an affidavit of merit signed by a licensed physician who practices in the same specialty as the defendant. This affidavit confirms that the provider’s conduct did not meet accepted standards and caused injury. 
• Filing the Complaint and Serving Defendants: After the waiting period ends, we file a formal complaint in the appropriate Michigan court. The complaint sets out the facts, identifies each defendant, and lists the damages being pursued. Each defendant is then served with the complaint and given a set period to file a written response.
• Discovery, Depositions, and Expert Testimony: During discovery, both sides exchange evidence, including medical records, written interrogatories, and expert reports. Depositions are taken under oath, where physicians, nurses, and other witnesses answer questions about the care provided. Expert testimony is developed during this stage to explain how the provider’s actions failed to meet accepted standards.
• Case Evaluation and Settlement Negotiations: Michigan courts may require case evaluation panels to review the claim and assign a monetary value. Both sides can accept or reject that evaluation. Settlement discussions may take place at this stage based on the evidence gathered, expert opinions, and documented damages.
• Trial Preparation and Court Proceedings: If the case does not settle, it proceeds to trial. Trial preparation includes organizing medical records, preparing expert witnesses, and developing arguments that explain the standard of care and how it was breached. At trial, evidence is presented to a judge or jury, who then determines liability and the amount of damages.

Compensation in Medical Malpractice Cases

A medical malpractice claim seeks compensation for any injuries caused by a provider’s actions. Michigan law recognizes several categories of economic and non-economic damages, including:

• Medical Expenses: You can recover the cost of additional treatment required after the error. This includes hospital stays, corrective surgeries, medication, physical therapy, and follow-up care. Billing statements and insurance records are used to calculate these amounts.
• Lost Income and Earning Capacity: If your injury prevents you from working, you can claim lost wages tied to missed time from your job. In cases involving long-term impairment, the claim can include reduced earning capacity based on your work history, job role, and medical limitations. Employment records and tax documents support these calculations.
• Pain and Suffering: This category addresses the impact of the injury on your daily life. It includes physical pain, reduced mobility, and limitations on routine activities. Medical reports and personal accounts are used to show how the injury affects your condition over time.
• Future Medical Care: Some injuries need ongoing treatment, such as rehabilitation, assistive devices, or long-term medication. Physicians may provide written opinions that outline the type and cost of future care. These projections are included in the claim to account for continued treatment needs.
• Permanent Disability or Disfigurement: If the malpractice results in lasting physical impairment or visible injury, compensation may include the effect on your ability to function or work. Medical evaluations and expert testimony are used to document the extent of the condition and its long-term impact.

What To Do After Suspecting Medical Negligence

If you believe a healthcare provider made an error during your treatment, we recommend that you take the following steps:

• Seek Immediate Medical Care: Your health comes first. If you are experiencing complications, worsening symptoms, or new issues after treatment, you should seek care from another provider. This creates a record of your condition and may prevent your injuries or illness from worsening.
• Request Your Medical Records: You have the right to obtain records from hospitals, physicians, and other providers involved in your care. These records include charts, test results, imaging, and discharge instructions. 
• Document Your Symptoms and Changes in Condition: Keep a written record of your symptoms, including when they began and how they have progressed. Note any new diagnoses, additional procedures, or changes in treatment. 
• Preserve Bills and Financial Records: Save all medical bills, insurance statements, and receipts related to your treatment. These documents show the cost of care and any additional treatment required after the error. Employment records can also support claims for lost income.
• Contact a Troy Medical Malpractice Attorney: An experienced lawyer can review your records, identify gaps in care, and determine whether you have a valid malpractice claim. If you do, they can deal with insurance companies on your behalf, secure the right expert witnesses, and fight for a settlement that reflects your current and future damages.

Speak to a Troy Medical Malpractice Lawyer Today

If you were injured by a medical provider, let our Troy medical malpractice lawyers fight for you. We can review your medical records, consult with physicians in the same field as the provider involved, and determine if the standard of care was violated. We can also identify where treatment failed, how that failure caused injury, and what damages can be supported through billing records and employment data. 

Contact LegalGenius, PLLC to discuss your situation with an attorney. For more information, call 866-824-5163 or fill out our Ask the Genius™ form, and an attorney will contact you within five minutes. 

Frequently Asked Questions About Troy Medical Malpractice Claims

How Long Do I Have to File a Medical Malpractice Claim in Michigan?

The statute of limitations limits how long you have to file a claim. In most cases, you have two years from the date of the malpractice or six months from when the injury was discovered. While there are exceptions, never presume – see a lawyer as soon as you know you’ve been injured.

How Is the Value of My Case Determined?

The value of a malpractice claim is based on the documented losses tied to the injury. This includes medical bills, lost income, future care needs, and the impact of the injury on your daily life. Medical records, billing statements, and physician opinions are used to support the total amount claimed.

Will My Case Go to Trial?

Most malpractice claims resolve through settlement after evidence is reviewed by both sides. If a fair agreement is not reached, the case proceeds to trial, where a judge or jury decides the outcome. Trial preparation includes presenting medical records, physician testimony, and documented damages.

How Long Does a Medical Malpractice Case Take?

The timeline depends on record collection, physician review, and court scheduling. Cases that involve multiple providers or extended treatment history take more time to prepare. Court calendars can also affect how long it takes to reach a resolution.