Stockbridge, MI Personal Injury Law Firms & Lawyers

I would have to see the contract and your history with her to form an opinion. What are you seeking as damages? Why didn't you subpoena the records before it was too late?

It will be tremendously difficult to show that had the sliver of bone been removed on both ends, that the bones would have aligned better and you would have avoided the need for more surgery. You have to keep in mind that the issue of malpractice (whether the doctor acted below the standard of care) is separate from whether you can prove that had you received the appropriate treatment, more likely than not you would have achieved a better result. In other words, it's not enough to prove that the standard of care required the doctor to remove a sliver of bone on both ends (and even that will be a difficult argument to win, because the doctor will say that in his or her judgment, it was most appropriate not to remove a tiny sliver of bone on each end). You must also prove that if the doctor had complied with the standard of care, you would have achieved a significantly better result. You have two years from the date of malpractice to formally assert a claim of medical malpractice in Michigan. If you wish to pursue the matter at all, I urge you to immediately contact a medical malpractice attorney for another opinion.

It's hard to say. I presume they haven't gotten paid and so advice to drop something is contrary to their financial interest. You might run it by another attorney to see.