[MI] Can I sue a hospital for malpractice resulting in my brother’s death?
My brother went in for an outpatient cardiac cath. His heart ejection was 5% and he coded immediately after going under anesthesia. His last ejection level was 25% on 11/13/23. His cath appointment was 12/19/23. His heart was suppressed immediately.
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From your description, there appear to be strong indications of medical negligence, including:
- Proceeding with an outpatient cardiac cath despite clear contraindications (weakness, labored breathing, no life vest).
- Failing to reassess cardiac function or review prior test results before anesthesia.
- Ignoring or missing clinical red flags that should have halted the procedure.
These actions could show a breach of the standard of care, and if that breach caused or significantly contributed to his cardiac arrest and death, you have a potential wrongful death/medical malpractice claim.
The fact that you’ve preserved the records, photos, and audio is critical — expert witnesses will rely on those to determine the specific deviations from accepted medical practice.
It’s understandable that you wanted to finish the estate process first, but you’re right to act now before the statute of limitations expires.
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Can I sue a hospital for malpractice resulting in my brother’s death? I am the estate representative in Wayne County, Michigan.
Lexi, Chatbot
I’m sorry to hear about your brother’s passing. Were there specific actions or negligence by the hospital that you believe led to his death?
Yes. My brother went in for an outpatient cardiac cath. His heart ejection was 5% and he coded immediately after going under anesthesia. His last ejection level was 25% on 11/13/23. His cath appointment was 12/19/23. His heart was suppressed immediately.
Lexi, Chatbot
Have you gathered any documentation or evidence related to the malpractice that you can provide to the lawyer?
I have all of the medical records from his acute onset diagnosis, pictures from his triage the day of, a recording from a rapid response nurse, and the notes. He was pronounced deceased after six codes on 12/20/23 at 00:11.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your malpractice case.
Yes.
TJ, Esq.
Hello! My name is TJ, and I’m an attorney. Thanks so much for the opportunity to assist you!
TJ, Esq.
From what you’ve described, as the estate representative, you generally have the legal right to bring a malpractice lawsuit on behalf of your brother’s estate if you believe his death was caused by medical negligence.
Timing is important here because malpractice claims have strict filing deadlines. You’ll need to show that:
- The hospital’s care fell below the accepted standard, and
- That failure directly caused or substantially contributed to your brother’s death.
- The evidence you mentioned — medical records, photos, recordings, and nursing notes — could be vital in supporting your claim.
Question for you:
Has any formal investigation or complaint about the hospital’s care been initiated? And has the estate been officially opened and recognized by the court?
I did not initiate any investigation. His case was opened in probate May 2024. I received the Letters of Authority in June 2024. We’re in the process of closing the estate in probate. I wanted to handle those aspects first. I was told that Michigan’s deadline to file a medical malpractice lawsuit is two years.
I have an attorney already answering my questions. Not sure how to redirect back to him/her.
TJ, Esq.
Since the probate was opened in May 2024 and you received the LOA in June, you’re on solid ground to pursue the malpractice claim on behalf of the estate — as long as you remain within the two-year statute of limitations.
That timeline is correct for Michigan, but there can be nuances depending on when the injury or cause of death was “discovered.” Courts are strict about these limits, so filing promptly is key.
It’s good that you already have an attorney, as these cases can be complex — especially when dealing with cardiac procedures, anesthesia, and acute cardiac conditions. You should reach out to your attorney and confirm the filing deadlines and next steps.
I’m aware this will be difficult. My brother’s death was clearly due to negligence. His condition upon arrival should have halted the procedure before he ever reached pre-op. There was no assessment of his current cardiac status beyond basic vitals — that was the fatal mistake.
If they had done a new test to check his ejection fraction, they would’ve admitted him to the ICU immediately. Had they reviewed his November records, they’d have seen he was in acute cardiomyopathy with no history of heart disease prior.
The estate was opened May 2024 and closed in January 2025, but had to be reopened to adjust sale language for real property. That’s now resolved.
I’m a nurse, and I knew to request his medical records immediately. He had no heart problems before November 2023. He was 43, HIV positive since 2002, but healthy and active. He was a corporate IT engineer for Ford Headquarters with excellent insurance.
In November, he was diagnosed with A-Fib and acute cardiomyopathy after being admitted for what he thought was COVID. They delayed the cath due to a cardiac clot, so it was rescheduled as an outpatient cath on December 19.
He was supposed to wear a life vest 24/7, but wasn’t wearing it when he arrived. That should have been a major red flag — they didn’t notice or question it. He was weak and labored in breathing. Their failure to reassess and review his prior notes resulted in his immediate cardiac arrest.
Would he have died weeks or months later? Maybe — but not that day, not without their neglect.
TJ, Esq.
From your description, there appear to be strong indications of medical negligence, including:
- Proceeding with an outpatient cardiac cath despite clear contraindications (weakness, labored breathing, no life vest).
- Failing to reassess cardiac function or review prior test results before anesthesia.
- Ignoring or missing clinical red flags that should have halted the procedure.
These actions could show a breach of the standard of care, and if that breach caused or significantly contributed to his cardiac arrest and death, you have a potential wrongful death/medical malpractice claim.
The fact that you’ve preserved the records, photos, and audio is critical — expert witnesses will rely on those to determine the specific deviations from accepted medical practice.
It’s understandable that you wanted to finish the estate process first, but you’re right to act now before the statute of limitations expires.
TJ, Esq.
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