Michigan Medical Malpractice Lawyers

What Is Medical Malpractice?

Licensed healthcare providers are expected to meet certain standards of care for their patients. When medical providers fail to meet these standards, medical negligence may have occurred. Medical malpractice, or medical negligence, can occur in two ways, and they both involve a type of medical error. The medical professional may take a course of action that deviates from the accepted standard of care, which is called an error of commission. Alternatively, they may fail to take action, resulting in a misdiagnosis or lack of treatment that should have been provided. This is called an error of omission. 

When Could You Have A Medical Malpractice Case?

Not all medical errors can result in medical malpractice lawsuits. There are a number of conditions that must be met, which you must be able to prove were in place to show that your medical provider’s negligent actions resulted in harm. These conditions are:

• The doctor had a duty of care to you as their patient. “Duty of care” is a legal obligation to protect others from harm. When you enter into a doctor-patient relationship with a care provider, your doctor automatically assumes a duty of care to you. They are expected to provide you, the patient, with a certain level of skill, expertise, and care. 
• The medical care your doctor provided was below the acceptable level of care. This could be the result of an erroneous action or failure to act.
• The negligent action or inaction of your doctor resulted in harm, injury, or death to the patient. There should be some quantifiable harm that was done to the patient, which could include medical expenses, pain, suffering, disability, lost income, and other losses.

All of these conditions must be met in order to have a successful medical malpractice case. You won’t be able to successfully sue your doctor for medical malpractice if they made an error that didn’t result in any actual harm. Likewise, your case will be unsuccessful if you suffered harm as the result of medical treatment or a medical procedure, but there was no medical error or negligence. A medical malpractice attorney will be able to help you determine whether your case qualifies as medical malpractice, and your attorney and a team of expert witnesses will testify and prove that your doctor committed negligence.

Michigan Laws Regarding Medical Malpractice

Patients who receive health care in Michigan are protected under the Michigan Patient Bill of Rights (MCL Section 333.20201). This policy outlines the rights and responsibilities of patients and residents of long-term care facilities or nursing homes. Under the Michigan Patient Bill of Rights, patients are entitled to adequate and appropriate medical care. The Patient Bill of Rights also includes provisions preventing discrimination, ensuring privacy, and ensuring patients are able to obtain copies of their medical records, among many others. 

The statements in the Patient Bill of Rights that ensure patients can obtain medical records are especially important in cases of medical malpractice, as these medical records can contain vital pieces of evidence that will help build and strengthen your case. If you’re uncertain whether your rights have been violated, a medical malpractice lawyer can explain all the rights you’re entitled to as a patient.

Who Is Liable In A Medical Malpractice Case?

The person liable in a medical malpractice case is the medical professional who acted negligently and caused your injury. This could include physicians in a variety of specialties, including general practitioners, surgeons, anesthesiologists, obstetricians, pediatricians, and other specialists. Depending on the circumstances of your injuries, you could also sue a nurse, pharmacist, physical or occupational therapist, or other licensed healthcare professional. 

In many cases, you may not end up suing an individual for medical malpractice. Hospitals and other healthcare organizations are liable for the actions of their staff. This means that if you received care in a facility that employs a doctor, nurse, therapist, or other healthcare provider who acted negligently, your case may be more appropriately called a hospital negligence case, in which case you would sue the hospital for any damages. Sometimes doctors work in a hospital or healthcare facility without being employed by the organization, in which case you can still file a medical malpractice claim against the individual physician. In some cases, you may be able to sue both the hospital and healthcare provider.

Damages Recoverable In A Michigan Medical Malpractice Case

In Michigan, you can sue for two types of damages – economic and noneconomic damages. Economic damages are losses that have a clear monetary value associated with them. These could include hospital bills and other medical costs in the past and future, costs of medical equipment, caregiver expenses, transportation costs for medical appointments, lost wages and lost earnings potential. 

Non-economic damages are losses that do not have a clear monetary value and are typically more subjective. These can include pain and suffering, physical disfigurement, and loss of quality of life. These can be difficult to quantify, but their impact on your life can be profound. 

Because of the complexities of these various types of losses, determining the exact value of your case can be difficult. An experienced medical malpractice lawyer can help give you a better idea of the value of your case and the compensation you can expect to receive.

How A Medical Malpractice Attorney Can Help You

When you’re dealing with the aftermath of health problems or injuries caused by medical malpractice, you should be focusing on your recovery – not worrying about a legal case. A medical malpractice attorney will take the lead in your case and focus on all the complexities of the legal system so that you don’t have to. In addition to giving you peace of mind that your legal rights are being fought for, a medical malpractice attorney will help you in many ways, including:

• Conducting an investigation into the details of your case and gathering a variety of evidence to back up your claim.
• Consulting with a network of medical experts who can provide expert testimonies.
• Providing knowledge of Michigan law and relevant past cases to create a strong argument for your case.
• Negotiating with healthcare providers and facilities to reach a fair settlement and obtain fair compensation for you.
• Taking your case to trial if a fair settlement can’t be reached.
• Keeping you informed of your options and rights and the progress of your case as we work through it.

A medical malpractice attorney will maximize the compensation you receive while giving you the assurance you need that your legal rights are protected. 

Process For Filing A Medical Malpractice Claim

The legal process for medical malpractice cases is similar to other personal injury cases, with a few exceptions. Filing a medical malpractice claim has a few unique steps that must be followed precisely in order for your claim to be legitimate. These special steps are filing a Notice of Intent (NOI), and an Affidavit of Merit. 

The Notice of Intent is a legal document that provides the entity being sued (either an individual physician or health care provider or a hospital or health care facility) with written notice of your intentions to take legal action. This must be filed at least six months before legal action is taken, and it must be done correctly. Your medical malpractice attorney can file the NOI on your behalf to ensure everything is documented correctly and that it gets filed well within the statute of limitations for your case. 

An affidavit of merit, or certificate of merit, is a document that shows there is reason to believe that medical malpractice is at play in your case. This document must be signed by a healthcare provider who is licensed in the same field and specialty as the defendant. The document will outline the medical records that were reviewed by this medical expert and their professional opinion that the defendant deviated from the accepted standard of care. 

A medical malpractice lawyer will take the steps necessary to ensure your case is filed properly. Once your case can legally begin, your attorney will provide you with guidance throughout the legal process, fighting for you, and ensuring that you receive a fair settlement. If we can’t reach a fair settlement in your case, we’ll take your case to trial to win the compensation you deserve.

Statute Of Limitations In Michigan

The statute of limitations refers to the timeframe you have after medical malpractice has occurred to file a lawsuit. There are a set of laws that govern this timeframe and exceptions where you may have more time to file a lawsuit. 

In general, if medical malpractice has occurred, the statute of limitations in Michigan is two years from the date of the incident. Things become more complicated when it is unclear that medical malpractice has occurred, or when a doctor fraudulently covers up the malpractice. If you discover that medical malpractice has caused you harm more than two years after the time of the incident, you have six months from the time of discovery to file a lawsuit. Cases in which permanent harm to the reproductive system has occurred also allow you extra time to file a lawsuit.

In the event that medical malpractice has led to a wrongful death, the statute of limitations is three years. Other exceptions to the two-year statute of limitations include instances where the victim is a minor, in which case they have until their eighteenth birthday to file a lawsuit; if the victim is in a state of mental derangement at the time of the incident, in which case they have one year after the period of derangement ends; and if the guilty party leaves the state for an extended period of time, in which case the period of their absence does not count towards the two-year time limit.

Time is of the essence in medical malpractice cases – not only because you have a limited amount of time to file a lawsuit, but also because the sooner your attorney can begin investigating your case, the easier it may be to gather evidence and build a strong case in your favor. If you suspect medical malpractice was a factor in injuries you sustained while under medical care, talk with a medical malpractice lawyer as soon as possible.

While many legal firms who take on medical malpractice cases have strong track records for success, large firms can feel impersonal, leaving you feeling lost and confused as you navigate the system on your own waiting for answers in your case. At LegalGenius, we not only have a history of successfully arguing medical malpractice cases, but we’ll also make you feel like you’re more than just a case number to us.

Providing our clients with outstanding customer service is important to us. We want our clients to feel supported, informed, and empowered as we work through your case. We begin with a free legal consultation to help you understand your rights and give you guidance regarding possible courses of action. As your case progresses, you can rest easy knowing that you can reach your attorney whenever you have questions or concerns. We’ll focus on fighting your legal case so that you can focus on what matters most – your recovery and well-being.