The allegations laid out in a plaintiff’s complaint are the basis for the claim. Thus, the manner in which a case is pled can have an enormous impact on how it proceeds through the court system. Earlier this year, the Michigan Supreme Court issued an opinion requiring the court to determine whether the allegations in the plaintiff’s complaint were medical malpractice claims or ordinary negligence claims. If you have questions of this nature, be sure to reach out to a Michigan medical malpractice attorney.
The Facts of the Case
The plaintiff filed a lawsuit against a hospital after she was injured while being treated at the hospital. Evidently, the plaintiff was admitted to the hospital after she had an aneurysm, causing her to suffer a stroke and cardiac arrest. The plaintiff claimed that while she was being treated at the hospital, an aide helped move her to the bathroom and dropped her twice in the process. She claimed that she suffered a torn rotator cuff as a result, requiring her to undergo multiple surgeries, as well as bleeding in her brain.
In her complaint, the plaintiff argued that the hospital was negligent in several ways, including in failing to provide an adequate number of nurses to assist the plaintiff, failing to properly train the nurse, and failing to ensure the plaintiff’s safety. The plaintiff filed the claims against the hospital within three years of her admission at the hospital.