Medical Malpractice

Michigan Medical Malpractice Lawyers

Last updated October 5, 2026 | Page Reviewed by Emily Peacock, Michigan medical malpractice lawyer

For more than 50 years, Olsman MacKenzie Peacock has represented patients and families harmed by medical negligence throughout Michigan. The firm is ranked Tier 1 in Troy for Medical Malpractice Law – Plaintiffs by Best Law Firms® for 2026. Its medical malpractice attorneys are supported by four registered nurses who help review records and clarify the medical issues in each case.

When medical care falls below accepted standards, our attorneys work to determine what happened, connect the error to the resulting harm, and pursue the compensation available under Michigan law.

A medical error can change a family’s life in an instant. A missed cancer diagnosis, a medication prescribed against a documented contraindication, a surgical complication that went unrecognized, or a delayed response to a newborn in distress can leave patients with permanent harm and families searching for answers. Unlike most injuries, the people best positioned to explain what happened are often the same providers whose care is in question.

Medical malpractice cases are among the most complex and heavily defended civil claims. Hospitals and malpractice insurers often retain defense counsel and medical experts to contest the standard of care, causation, and damages. Building a case requires careful record review, qualified expert testimony, and preparation for trial.

At Olsman MacKenzie Peacock, our Michigan medical malpractice lawyers represent patients and families across the state from offices in Berkley and Lapeer. Although both of our offices are in southeast Michigan, we have represented thousands of clients statewide, including many from western Michigan, mid-Michigan, northern Michigan, and the Upper Peninsula. We pair decades of trial experience with an in-house team of registered nurses who review medical records at the outset of every case, so that we understand the clinical facts before a single outside expert is retained.

Individuals who suspect that negligent medical care caused a serious injury or the loss of a loved one are encouraged to call us at 1-800-366-86531-800-366-8653 for a free consultation. During that conversation, our team listens to what happened and explains the options available under Michigan law, at no cost and with no obligation.

SEE OUR VERIFIED MICHIGAN MEDICAL MALPRACTICE SETTLEMENTS & VERDICTS

What Is Medical Malpractice Under Michigan Law?

Medical malpractice occurs when a health care provider’s act or omission falls below the applicable standard of care and causes injury. The standard depends on the provider’s field, training, and the circumstances of the treatment. A poor outcome alone is not malpractice; serious complications can occur even when the care was appropriate.

The legal question is whether the provider breached the applicable standard of care and whether that breach was a proximate cause of the harm. Answering it usually requires a detailed review of the medical records and testimony from a medical professional qualified under Michigan’s expert-witness rules. Those requirements are one reason medical malpractice claims are handled differently from other personal injury cases.

What Types of Medical Malpractice Cases Do We Handle?

Our attorneys handle medical malpractice claims involving missed diagnoses, surgical and obstetric injuries, medication errors, and other serious failures in care. Common case types include:

  • Failure to diagnose and misdiagnosis, including delayed or missed diagnosis of cancer, heart attack, stroke, infection, or sepsis, when timely action may have changed the treatment options or outcome.
  • Surgical errors, including wrong-site procedures, retained instruments, anesthesia errors, and failures to recognize or respond to operative complications.
  • Medication errors, including the wrong drug or dose, dangerous interactions, contraindicated prescriptions, and failures to monitor a medication’s effects.
  • Birth injuries, including oxygen deprivation, a delayed cesarean section, and the improper use of delivery instruments such as forceps or vacuum extractors. A birth injury or birth trauma of this kind can lead to cerebral palsy, developmental delays, and other lifelong conditions.
  • Fertility clinic errors, including genetic mistakes, mishandled embryos, and other negligence in assisted reproductive care.
  • Emergency department failures, including inadequate triage and missed heart attacks, strokes, appendicitis, infections, or spinal cord compression.
  • Abuse of the counseling or therapeutic relationship, including therapists, counselors, and social workers who exploit the trust of a vulnerable patient.

When medical negligence is fatal, the personal representative of the patient’s estate may bring a claim under Michigan’s Wrongful Death Act for the benefit of eligible family members. We also handle professional negligence claims involving other licensed professionals.

We also represent patients who were sexually assaulted or abused by a physician, therapist, or other provider under the cover of medical care, along with the hospitals and institutions that failed to supervise them or ignored warning signs. Our firm represented survivors in the Larry Nassar and Robert Anderson cases, two of the largest medical sexual abuse scandals in the country. More information is available on our Michigan sexual assault page.

What Our Clients Say

The excerpts below come from reviews submitted by clients and families the firm represented in Michigan medical malpractice matters. Each reflects a firsthand account of working with our team.

A. | Google 5-Star Review

“Donna MacKenzie and the staff at Olsman MacKenzie Peacock were stellar in their communication, in answering questions and providing updates. My experience with them exceeded expectations, and they continued to reveal their professionalism, integrity, and fortitude. Not only is Donna MacKenzie a “powerhouse” in all ways, she was also approachable and accommodating. … Do yourself a favor, and choose this law firm to represent you!”

J.H. | Medical Malpractice & Wrongful Death | FindLaw Review

“Emily Peacock took over the case, and was masterful, thorough, and calculated in building the case, leaving no stone unturned. She and her team kept me informed along each step of the road. … Emily and the team were kind, thoughtful, compassionate, and understanding. They successfully achieved a positive outcome in our case, bringing justice to those responsible for my beautiful sister’s death.”

J.M. | Google 5-Star Review

“I could not have asked for a better attorney. Jules Olsman handled my case with professionalism, confidence, and eagerness. I would 100 percent recommend any of the attorneys at this firm.”

READ MORE MEDICAL MALPRACTICE CLIENT REVIEWS

Michigan Medical Malpractice Settlements & Verdicts

The following settlements and verdicts were obtained by Olsman MacKenzie Peacock for Michigan patients and families harmed by medical negligence. Each result reflects the specific facts, injuries, and available insurance coverage of that individual matter.

$8,000,000 Settlement: Recovered for a group of patients who were victims of fraud by Dr. Fata and the hospital systems that allowed him to administer unnecessary cancer treatment.

$4,750,000 Settlement: Recovered against a physician who failed to report the abuse and neglect of an eleven-week-old child who suffered catastrophic injuries.

$4,400,000 Jury Verdict: Obtained for a 59-year-old woman who suffered a stroke because of a medication error made by her family physician after the insurer declined to make an adequate settlement offer.

$2,500,000 Settlement: Recovered after a hospital delayed resuscitation of a premature infant who was visibly breathing and moving, resulting in severe anoxic brain injury.

$1,980,000 Jury Verdict: Obtained for a patient who suffered surgical burns during breast reconstruction surgery, resulting in disfigurement.

$725,000 Settlement: Recovered for the family of a 68-year-old man who was rendered quadriplegic and later died following perioperative negligence during an elective procedure.

$600,000 Settlement: Obtained for the family of a 56-year-old man with coronary artery disease who died after a physician prescribed a contraindicated medication without ordering a cardiac evaluation.

$525,000 Settlement: Recovered for the family of a patient whose psychiatric condition was not properly managed, resulting in death by suicide.

Past results do not guarantee future outcomes. Every case is different, and results depend on the specific facts, standard of care issues, causation, and available insurance coverage in each matter.

SEE MORE MEDICAL MALPRACTICE SETTLEMENT RESULTS

How Do Registered Nurses on Our Team Strengthen Medical Malpractice Cases?

Medical records are the primary evidence in a malpractice case, and reading them well is a clinical skill as much as a legal one. Olsman MacKenzie Peacock employs four registered nurses who review records at the outset of each matter, identify potential departures from accepted care, and translate complex clinical findings into terms that are meaningful in negotiations and in the courtroom. This in-house review gives our attorneys a detailed understanding of the record before outside medical experts are retained.

  • Nancy Studer, RN, a medical malpractice nurse consultant, has practiced nursing for nearly 30 years across medical-surgical, dermatology, and home healthcare settings and has served as a registered-nurse expert witness on standards of care.
  • Nicole Poney, RN, MSN, holds a master’s degree in forensic nursing from Oakland University and spent a decade in inpatient rehabilitation and medical-surgical care before focusing on medical record analysis.
  • Jackie Liu, RN, BSN, earned her nursing degree at Oakland University and brings more than three decades of experience in intensive care, psychiatric, and behavioral health settings, including work as a case manager for the state Board of Nursing.
  • Alissa Kowalski, RN, BSN, holds a nursing degree from Saginaw Valley State University, has served as a clinical instructor and a Sexual Assault Nurse Examiner, and brings a forensic nursing background to complex record review.

Together, this nursing team gives the firm a clinical foundation that distinguishes a dedicated medical malpractice practice from a general personal injury firm.

What Must Be Proven in a Michigan Medical Malpractice Case?

To succeed in a Michigan medical malpractice lawsuit, the plaintiff must prove the applicable standard of care, a breach of that standard, that the breach was a proximate cause of the injury, and the resulting damages. Causation is often the most contested issue. Qualified expert testimony is generally required to establish the standard of care, breach, and causation.

A Michigan medical malpractice complaint ordinarily must be accompanied by an affidavit of merit signed by a health professional who meets the state’s statutory qualification requirements. The affidavit addresses the applicable standard of care, the alleged breach, the action that should have been taken, and how the breach caused the injury. This requirement is governed by MCL 600.2912d, which generally means a qualified medical professional must be identified before the complaint is filed. Early evaluation of the medical records is therefore essential.

What Are the Deadlines for Filing a Medical Malpractice Claim in Michigan?

Michigan medical malpractice claims are subject to strict deadlines, and missing one can permanently bar a claim. In general, an action must be filed within two years after the claim accrues under MCL 600.5805.

Under MCL 600.5838a, a claim may also be filed within six months after the patient discovers, or reasonably should have discovered, the claim if that period extends beyond the general deadline. The same statute imposes a six-year period of repose for most claims, subject to narrow statutory exceptions.

Before filing suit, a claimant generally must serve each prospective defendant with a Notice of Intent to File Claim under MCL 600.2912b. The default notice period is 182 days, although the statute permits earlier filing in certain circumstances. Because the notice and tolling rules can affect the deadline calculation, patients should consult an attorney well before the apparent cutoff.

When medical negligence causes death, the claim is pursued under Michigan’s Wrongful Death Act, and the timing can differ. A saving provision under MCL 600.5852 can allow the personal representative to file within two years after the probate court issues letters of authority, but in no event more than three years after the underlying limitations period has run.

Different rules apply when the claim is against a state entity, such as a state-operated hospital or university medical center. In that situation, a written claim or notice of intention to file a claim generally must be filed with the Michigan Court of Claims within six months of the event under MCL 600.6431, a much shorter deadline than the ordinary limitations period.

What Compensation Can Injured Patients Recover in Michigan?

Patients and families harmed by medical negligence may seek both economic and noneconomic damages. Economic damages can include past and future medical expenses, the cost of ongoing care, lost wages, and diminished earning capacity. Noneconomic damages compensate for pain and suffering, physical impairment, disfigurement, and loss of enjoyment of life.

Michigan limits noneconomic damages in medical malpractice cases under MCL 600.1483. The statute establishes a lower cap for most claims and a higher cap only for specified catastrophic injuries. The higher cap applies in three situations defined by the statute: paralysis (hemiplegia, paraplegia, or quadriplegia) that causes the total and permanent loss of use of one or more limbs because of a brain or spinal cord injury; permanent cognitive impairment that leaves the patient unable to make independent, responsible life decisions and unable to independently perform the activities of daily living; or permanent loss of or damage to a reproductive organ resulting in the inability to have children. The amounts are adjusted annually. For 2026, the lower cap is $596,400 and the higher cap is $1,065,000. Economic damages are not subject to these caps. These caps apply only to claims that legally qualify as medical malpractice. When an injury that happens in a healthcare setting is based on ordinary negligence rather than the exercise of professional medical judgment, the medical malpractice cap does not apply.

When medical negligence is fatal, damages are pursued under Michigan’s Wrongful Death Act, MCL 600.2922, on behalf of eligible surviving family members. Families can review our wrongful death settlement results to understand how fatal malpractice cases are valued, and our resource on compensation under Michigan law explains the categories of recovery in greater detail.

How Much Does It Cost to Hire a Michigan Medical Malpractice Lawyer?

Olsman MacKenzie Peacock handles accepted medical malpractice cases on a contingency fee basis, as explained on our fees and costs page. Clients pay no upfront attorney fees. The firm typically advances the costs of investigating and litigating the claim, and those costs are reimbursed from any recovery as described in the written retainer agreement. No attorney fee is owed unless the firm obtains a recovery.

This arrangement allows patients and families to seek legal representation without paying attorney fees at the outset.

FAQs About Michigan Medical Malpractice Claims

How Long Does a Michigan Medical Malpractice Case Take?

Medical malpractice cases often take longer than other personal injury claims because of the pre-suit notice period, qualified expert review, and complex causation issues. Many take two to four years from the initial consultation to final resolution, but the timeline varies considerably. A case that settles early may conclude sooner, while a case that proceeds to trial may take longer.

Is a Michigan Medical Malpractice Settlement Taxable?

Compensation received for physical injuries is generally excluded from federal taxable income, including amounts for medical expenses and physical pain and suffering. Some portions of a settlement may be treated differently, and prior tax deductions can also matter. A tax professional should be consulted at tax time.

How Does Someone Know Whether a Bad Outcome Is Malpractice?

Not every adverse outcome is malpractice. A review may be warranted when a diagnosis was delayed or missed, an unexpected surgical complication was not promptly recognized or treated, a medication conflicted with the patient’s documented history, a patient returned soon after discharge with a worsened condition, or a later provider questioned the earlier care. These circumstances do not prove negligence, but a prompt review of the records can help determine whether a claim should be investigated.

Does the Firm Represent Medical Malpractice Clients Throughout Michigan?

Yes. Olsman MacKenzie Peacock represents medical malpractice clients across Michigan from offices in Berkley and Lapeer, and the firm regularly handles cases in Detroit and the surrounding communities.

Why Choose Olsman MacKenzie Peacock for a Michigan Medical Malpractice Case

Olsman MacKenzie Peacock has represented Michigan patients and families for more than 50 years and is ranked Tier 1 in Troy for Medical Malpractice Law – Plaintiffs by Best Law Firms® for 2026. Medical malpractice cases demand substantial clinical, investigative, and courtroom resources, and the firm has built its practice to meet those demands.

  • Jules B. Olsman is the founder of the firm and has spent more than four decades representing patients harmed by medical negligence. He has been named to The Best Lawyers in America for Medical Malpractice Law every year from 2007 through 2026, twice honored as Lawyer of the Year for Personal Injury Litigation, and taught medical malpractice litigation as an adjunct professor at Michigan State University College of Law.
  • Donna M. MacKenzie represents patients and families in medical malpractice and other catastrophic injury cases. She has served as lead attorney in numerous multi-plaintiff cases against doctors and hospital systems that defrauded patients and subjected them to unnecessary treatment and procedures for financial gain. She has testified before the Michigan Legislature on multiple occasions, including in opposition to bills that would have granted hospitals and physicians sweeping immunity for negligent care in emergency departments and to bills seeking to shield hospitals from liability for inadequate staffing and a lack of personal protective equipment during the 2020 COVID-19 pandemic. Her advocacy reflects a deep commitment to accountability, patient safety, and access to justice. She has been selected to Michigan Super Lawyers since 2013 and named to the Top 5 in Michigan for personal injury plaintiff work.
  • Emily Peacock represents patients and families in serious medical malpractice and wrongful death cases. Before joining the firm she spent more than a decade defending hospitals, physicians, and insurers at two of Michigan’s leading defense firms and tried numerous cases to verdict, and she now uses that inside knowledge of how the defense builds its case to advocate for injured patients. She graduated in the top 5 percent of her class at Wayne State University Law School with Order of the Coif honors and has been named a Michigan Super Lawyer every year from 2019 through 2026.
  • Ronda Little has focused exclusively on plaintiff medical malpractice for more than 30 years and has been named a Michigan Super Lawyer every year since 2019. Her practice concentrates on serious injury and death from medical negligence, including missed heart attacks and strokes, spinal cord and brain injuries, cancer, and surgical and emergency room errors.
  • Michaelene Sowinski brings more than 17 years of experience and an uncommon both-sides perspective to medical malpractice cases. She spent the first 13 years of her career representing injured patients, then served as an executive partner at a Michigan firm focused on healthcare-liability defense, representing physicians, hospitals, and insurers, before returning to the patient-advocacy work that has always been her true passion. She now uses her inside knowledge of how the defense evaluates and defends these cases to anticipate their arguments and build claims that can withstand scrutiny.
  • Timothy Takala is a seasoned attorney who focuses his practice on helping victims of medical negligence navigate complex litigation, frequently handling high-stakes cases. Licensed in Michigan since 2008 and a graduate of Michigan State University College of Law, he has concentrated on medical malpractice and has been recognized by Michigan Super Lawyers from 2020 through 2023.

Behind these attorneys stands the firm’s team of four registered nurses and the investigative resources needed to challenge well-funded hospital defense teams. Every case is prepared as if it will be tried, which strengthens the firm’s position in settlement negotiations. Over the years, Olsman MacKenzie Peacock has recovered substantial results for Michigan families harmed by medical negligence while working to hold providers accountable and improve patient safety.

Schedule a Free Consultation About a Potential Medical Malpractice Claim

Individuals who believe they or a loved one were harmed by medical negligence are encouraged to call Olsman MacKenzie Peacock at 1-800-366-8653 for a free consultation. Because Michigan’s notice requirements impose early deadlines, consulting a medical malpractice attorney sooner rather than later is advisable whenever negligence is suspected.

Our medical malpractice lawyers represent clients on a contingency fee basis, which means no attorney fee is owed unless and until the firm recovers a settlement or verdict.

Call 1-800-366-8653to speak with a Michigan medical malpractice lawyer. No fee unless we recover.


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My attorney Emily Peacock went over and above to keep me informed about my case, explained everything to me as the process went along, and answered my calls and questions promptly. Her assistant Callie is also so helpful and kind. Thank you, Emily, for handling my case with knowledge, toughness, kindness, and compassion.
★ ★ ★ ★ ★
L.H.
Emily Peacock was absolutely phenomenal in her handling of my case. She thoroughly explained step by step exactly what was and would be happening. She made certain I understood every step. She was my rock through this hard journey. She fought for me when I felt like nobody was even listening to me. Her assistant Callie was so warm and compassionate in handling me as a person, not just a client. Emily is rockstar quality and I would recommend her to anyone in need of this kind of service.
★ ★ ★ ★ ★
S.R.