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Detroit Medical Malpractice Law Blog

If your child gets injured in Michigan: statute of limitations

If a child is injured—whether it be due to medical negligence, unsafe conditions or a defective product—they have the same legal rights and are entitled to the same compensation as an adult. However, the law concerning personal injury to minors is different than for adults.

Today we examine Michigan’s deadlines surrounding personal injury lawsuits for children.

Upcoming hospital procedure? Avoiding having it done in July.

Life is unpredictable. You can’t anticipate every turn of events that could lead to a hospital stay. However, if you’re having elective surgery or treating a non-urgent condition, you may have some flexibility in scheduling your procedure. If at all possible, it’s wise to avoid hospital treatment in the summer months—particularly in July.

Why does the month matter?

Why the U.S. is leading in maternal morbidity

More than 50,000 women each year suffer from severe maternal morbidity as a result of giving birth. At first glance, you might expect this to be an average statistic worldwide. Or perhaps you assume this figure represents the morbidity rate from childbirth in the third world.

In actuality, this number refers to women in the United States. American mothers die or sustain serious complications in childbirth far more than in any other developed country—three times as often as mothers in Canada and the UK.

Emergency room errors shouldn't happen — but they do

People who head to the emergency room have something going on that requires immediate medical attention. Patients assume that ER doctors are fully capable of making an accurate diagnosis when they arrive.

Yet misdiagnoses in emergency rooms are a real problem. In ER, doctors usually don't have access to a comprehensive medical history for patients. They often have to rely on bits and pieces of information. This, however, doesn't mean that people who seek care in the emergency room should expect serious medical conditions to go untreated.

Independent stem cell clinics put patients at risk

Stem cell research has been developing for decades and shows promise of providing cures for serious diseases and ailments. To date, placental and umbilical cord stem cell treatment has been proven effective at treating leukemia and certain blood diseases. These treatments have been approved by the Food and Drug Administration (FDA).

However, a new, unapproved form of stem cell treatment has exploded in recent years. Independent stem cell clinics have been popping up all across the country. There are over 700 such clinics in the U.S., with an average of 150 new clinics opening each year over the past four years. The clinics, which are often run by plastic surgeons, provide direct-to-consumer treatments, which are expensive and uncovered by insurance. In addition to sending many patients into debt, the treatments have also been known to cause serious harm.

Understanding dog bite liability in Michigan

You've just adopted a new rescue dog, Rascal. He's a vivacious addition to your household--full of life and love. He's brought joy to everyone in your family.

Your brother and his wife are huge dog lovers. Eager to show Rascal off, you invite them over for dinner. The doorbell rings, and Rascal goes scampering to the door. Your brother reaches down to pet him, and Rascal growls and bites him on the arm.

Increased recourse for victims of sex trafficking

On Wednesday, the Allow States and Victims to Fight Online Sex Trafficking Act--dubbed "FOSTA" for short--was signed into law. The law is intended to bolster accountability among websites that--directly or indirectly--facilitate sex trafficking.

The impetus

Surgery centers: For profit or for patients?

Back in 1970, the first surgery center that wasn't in a hospital opened in Phoenix, Arizona. The pioneers who opened the center had a good thought, or so it seemed at the time. Medicare seemed to appreciate the fact that minor surgeries were much less expensive at these freestanding clinics, but there may not have been thought given to patient safety at the time.

It wasn't until 1982 that Medicare began covering procedures that were performed in these centers. This helped to push the surgery center boom. The 1993 exemption from the second Stark Law that Congress gave doctors related to surgery centers further pushed the boom along. Since then, there has been a slippery slope that seems to pit patients against profit for some doctors.

How willful blindness enables child abuse

Imagine you're a 12-year-old competitive gymnast. Six days a week, you wake up at 6:00 a.m. and head to the gym for practice. Your coach trains you hard for five hours--pushing you to your limits and shouting at you whenever you make a mistake. If you get injured, it's as though you're in trouble. You face extreme pressure to get better as quickly as possible.

Your training is regimented; what you eat is strictly controlled; your sleeping hours follow a firm routine. Everything about your life revolves around the sport you've committed yourself to. For every decision you make, the first question is, "how would this impact my performance?" That's a lot of pressure for the average junior high schooler.

Could a routine urine test leave you bankrupt?

It may sound like an absurd idea. You go to the doctor for a routine exam, and he orders a urine lab. You pee into a cup and are on your merry way. A couple weeks later, you get a bill in the mail that is so exorbitant, it could run you into the ground.

This is exactly what happened to Elizabeth Moreno, a 30-year-old expectant mother of twins who was studying education at Texas State University. Moreno had undergone back surgery in 2015. Following the operation, her doctor prescribed her opioid painkillers—which she weaned herself off of over the course of her recovery.