Surgical Errors

Proven Results Against Hospitals

Koussan Law's track record speaks for itself. Attorney Ali Koussan secured a $14,950,000 jury verdict against Pontiac General Hospital after a week-long trial — taking on four opposing defense attorneys and winning. This result demonstrates our willingness and ability to take surgical error and medical malpractice cases all the way to verdict when hospitals refuse to offer fair settlements.

You pay nothing unless we recover for you. Call (313) 800-0000.

Aggressive Representation for Surgical Error Victims

If you or a loved one has suffered due to someone else's negligence, Koussan Law is here to fight for the compensation you deserve. Free consultation. No fees unless we win. Call (313) 800-0000 today.

What types of surgical errors support a malpractice claim in Michigan?

Compensable surgical errors include wrong-site surgery, wrong-patient surgery, retained surgical instruments, nerve damage during surgery, anesthesia errors, unnecessary surgery, failure to obtain informed consent, post-operative monitoring failures, and infections from unsterile technique. These claims fall under Michigan's Medical Malpractice Act (MCL 600.2912a et seq.).

What are the requirements to file a surgical error lawsuit in Michigan?

Michigan requires a Notice of Intent (NOI) at least 182 days before filing (MCL 600.2912b), an Affidavit of Merit from a qualified expert in the same specialty (MCL 600.2912d), and expert testimony establishing the standard of care, breach, and causation. Surgical error cases often require experts from the specific surgical subspecialty involved.

Are there damage caps for surgical malpractice in Michigan?

Yes. Non-economic damages are capped under MCL 600.1483 — approximately $497,000 for general cases and $876,000 for cases involving death, permanent loss of function, or permanent reproductive impairment (adjusted annually for inflation). Economic damages (medical costs, lost wages) are not capped, which is why thorough economic damage documentation is critical.

What is the statute of limitations for surgical error claims?

Under MCL 600.5838a, you have two years from the surgical error or six months from discovery, whichever is later — with a maximum of six years. Retained surgical instruments may not be discovered for months or years, making the discovery rule particularly important. The 182-day NOI period tolls the statute.

How does Koussan Law handle surgical error cases?

Surgical error cases require expert review of operative reports, medical records, and imaging to identify exactly what went wrong. Koussan Law works with board-certified surgeons in the relevant specialty to establish the standard of care and prove the breach. Attorney Ali Koussan fights for surgical error victims. Call (313) 800-0000.