Legal Question in Medical Malpractice in Michigan

Doctor and Hospital Staff Negligence in Elderly Diabetic Grandfather

My grandfather is a diabetic and was admitted to Dickinson County Hospital for fluid retention and inability to urinate. During his 2 week stay neither the doctor nor the hospital staff ever bothered to check the condition of his extremitiies. When released from the hospital we noticed blisters on the heels of his feet that soon turned in to sores that are not healing and require constant care. He was admitted once again to the hospital several months later due to infections in his body that, it was determined, all stem from the open wounds on his feet that still will not heal. He is still in the hospital at this time and a wound specialist will be assessing his condition (hopefully) soon. I wound just like to know what recourse he would have against the doctor and hospital, if any?


Asked on 1/14/03, 1:06 pm

2 Answers from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Doctor and Hospital Staff Negligence in Elderly Diabetic Grandfather

It would appear that you are from the Appleton area and the hospital in question is in Michigan. If your grandfather was treated at this hospital in Michigan, then Michigan law would apply to his potential claims. I would suggest consulting with a Michigan attorney who handles medical malpractice claims to obtain the best advice as to the applicable statute of limitations time periods that might dictate when he needs to potentially settle any claims or file a lawsuit to protect his interests. Also, there might be other shorter notice requirements that need to be complied with, depending on the specfic doctors and hospital involved. Feel free to contact me if you like and I can try to assist you with some names of attorneys for you to contact in Michigan. Whether or not there is a claim of medical negligence that can be pursued depends on numerous facts. The first step to determine whether a potential claim exists is to have your grandfather, or someone with power of attorney or his consent, obtain a complete copy of the hospital medical records during his hospital stay. Prior and subsequent medical records might also be helpful to detemine his prior medical condition and his continued medical condition. Different state laws will determine time limits and dollar limits relating to purusuit of claims and reovery, but generally another health care provider will be required to give the opinion that your father's care was sub-standard and that the care caused his injuries and damages. Feel free to contact me to discuss this in further detail, if you desire.

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Answered on 1/14/03, 1:34 pm
Frank Pasternak Pasternak & Zirgibel S.C.

Re: Doctor and Hospital Staff Negligence in Elderly Diabetic Grandfather

Any claim your grandfather has for treatment rendered in Michigan would in all likelihood be governed by Michigan law and unfortunately I am unfamiliar with it. I suggest you locate a lawyer in the UP who is a Sustaining member of ATLA (www.atla.org) or is identified in Best Lawyers in America or is on the Board for the trial lawyers association in Michigan. Please let me know if I may be of further assistance.

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Answered on 1/14/03, 3:18 pm


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