Sommers Schwartz Secures Multi-Million Dollar Settlement: A Win for Medical Malpractice Victims
In a landmark victory for victims of medical negligence, Sommers Schwartz, P.C., a Detroit-based law firm, has recently secured a multi-million-dollar settlement in a significant medical malpractice case. This triumph underscores the firm’s commitment to advocating for patients’ rights and holding negligent healthcare providers accountable. Medical malpractice is a serious issue in the United States, with estimates suggesting that up to 250,000 deaths per year are attributed to medical errors. This recent settlement serves as a beacon of hope for those who have suffered harm due to substandard medical care.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional’s negligence or carelessness results in harm to a patient. To successfully pursue a medical malpractice claim, several key elements must be proven:
- Duty of Care: A doctor-patient relationship must exist, establishing that the healthcare provider owed a duty of care to the patient.
- Breach of Duty: It must be demonstrated that the healthcare provider deviated from the accepted standard of care, meaning they failed to provide treatment in a way that a reasonably competent professional would have under similar circumstances. Examples of breach of duty include misdiagnosis, surgical errors, incorrect medication prescriptions, or failure to order necessary tests.
- Causation: A direct link must be established between the healthcare provider’s negligence and the patient’s injury. It must be proven that the provider’s breach of duty was a substantial factor in causing the harm.
- Damages: The patient must have suffered significant damages as a result of the injury, which can include physical pain, emotional distress, medical expenses, lost wages, and diminished earning capacity.
The Sommers Schwartz Settlement: A Case of Negligence
While specific details of the Sommers Schwartz settlement remain confidential, court documents reveal that the case involved allegations of substandard care provided to a patient being treated for flank pain. The lawsuit claimed failures in the standard of care, specifically the failure to timely diagnose and treat an infection, which ultimately led to the patient developing septic shock.
Rick Groffsky, an attorney at Sommers Schwartz, P.C., stated that the settlement represents the conclusion of a challenging chapter for his client and will provide critical resources for their future needs.
Types of Damages Recoverable in Medical Malpractice Cases
Victims of medical malpractice may be entitled to various types of damages, including:
- Economic Damages: These damages cover quantifiable financial losses resulting from the malpractice. They include:
- Medical Expenses: Past, present, and future medical costs related to the injury, such as hospital bills, surgeries, medication, and rehabilitation.
- Lost Wages: Compensation for income lost due to the inability to work.
- Lost Earning Capacity: Damages for diminished ability to earn a living in the future.
- Other Out-of-Pocket Costs: Expenses for home modifications, assistive devices, and transportation to medical appointments.
- Non-Economic Damages: These damages compensate for subjective, non-monetary losses, such as:
- Pain and Suffering: Physical pain and discomfort caused by the injury.
- Mental Anguish: Emotional distress, anxiety, depression, and fear resulting from the malpractice.
- Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, recreational activities, and other aspects of life the patient previously enjoyed.
- Loss of Consortium: Compensation for the loss of companionship and intimacy for the patient’s spouse or partner.
It’s important to note that some states, including Michigan, have caps on non-economic damages in medical malpractice cases. As of 2026, Michigan limits non-economic damages to \$445,500, unless the victim has suffered from paralysis due to a traumatic brain injury or spinal cord injury in which case the cap is set to $795,500.
Seeking Justice for Medical Malpractice Victims in Michigan
If you or a loved one has been a victim of medical malpractice in Michigan, it is crucial to understand your legal rights and options. Here are some key aspects of pursuing a medical malpractice claim in Michigan:
- Statute of Limitations: In Michigan, you generally have two years from the date of the negligent act or omission, or six months from the date you discovered or should have discovered the injury, to file a medical malpractice claim. However, in no event can a claim be brought more than six years after the date of the malpractice.
- Notice of Intent: Before filing a lawsuit, you must send a Notice of Intent to File Suit to all healthcare providers you intend to sue. This notice must be sent at least 182 days before filing the lawsuit.
- Affidavit of Merit: Michigan law requires that any medical malpractice case include an affidavit of merit from a qualified healthcare professional, attesting that the standard of care was breached.
The Importance of Legal Advocacy
The Sommers Schwartz settlement highlights the critical role of legal advocacy in ensuring that individuals affected by medical negligence have access to remedies provided under the law. Navigating the complexities of medical malpractice law can be challenging, and an experienced attorney can provide invaluable assistance in:
- Investigating the circumstances of the alleged malpractice
- Gathering and analyzing medical records
- Consulting with medical experts
- Negotiating with insurance companies
- Filing a lawsuit and representing you in court
A Call to Action
If you believe you have been a victim of medical malpractice, do not hesitate to seek legal advice. Contact a qualified medical malpractice attorney to discuss your case and explore your options for seeking justice and compensation for your injuries. Remember, you are not alone, and there are dedicated advocates who can help you navigate the legal process and fight for your rights.