Legal Question in Medical Malpractice in Michigan

Do I have a case?

My mom, age 70, fell at her home, nothing serious (or so it seemed) at the time, April 2010. She went to the doctor, he took x-rays and found nothing. She went back many times telling him that the pain was bad and he really did not do much. He started to give her shots for the pain in December 2010. In February 2011, the pain became too great and she went to the ER by ambulance. They did an x-ray and found an old fracture from approx 1 year ago and a new fracture. They (the hospital) did what they needed which was treat her and gave her a new hip.

My moms primary doctor, in my opinion is derelict in his duties. Had he done his job in the beginning, my mother would not have suffered for nearly 1 year.

Please let me know what you think, and how I should proceed.

Sincerely, Ed


Asked on 3/30/11, 12:05 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Assuming he misread the x-ray and that it is malpractice, no one will take the case. The amount a jury would award would not merit the massive financial investment and risk involved in pursuing a malpractice case. It is not that I do not sympathize with your mother's situation, it is just that in today's world with the system as it is, there is a great chance of losing that case and it would require a lawyer to invest $20,000 or more paying experts and laying out other costs associated with a malpractice case. Remember, you have two years from the date of the malpractice to start legal proceedings in a malpractice case or else you are barred from pursuing the case.

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Answered on 3/30/11, 12:14 pm
Jules Fiani Law Offices of Jules N. Fiani

The Law Office of Jules N. Fiani can answer any and all of your questions. Call us today at 810-227-7200. With over 30 years of successful experience in this area of the law.

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Answered on 3/30/11, 5:36 pm


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