Call For A Free Consultation

866-822-8237

  • 3.650 million Jury verdicT - Surgical/hospital negligence

Understanding gross negligence in medical malpractice

Last week's post about the Michigan doctor who intentionally misdiagnosed cancer in his patients in order to bill them for expensive treatments (which in fact left many of them in a worsened medical condition) was different from the kind of stories we see on a day-to-day basis. This wasn't a case where a doctor tried to do his or her best to help the patient. This wasn't a case where a lack of training or unclear policies at a hospital lead to injury or illness. This was something much worse.

In fact, the law itself draws an important distinction in more extreme types of medical malpractice cases. Let's take a look at what is known as "gross negligence" within the context of medical malpractice. This is intended as general information only, not as specific legal advice for anyone who has suffered injury due to a provider's gross negligence.

First, we should clarify what we mean by negligence. Generally speaking, negligence is an act or omission by one party that results in harm to another party. Medical malpractice claims often require expert testimony in order to prove negligence because a judge and jury do not have the professional training necessary to understand highly technical medical terminology.

Gross negligence means that the conduct is so obviously wrong or reckless that it's obvious to the lay person. A wrong-site surgery or a surgical tool or sponge left inside a patient's body are common examples. Gross negligence can impact a victim's legal strategy when seeking compensation, as it alters the rules regarding expert testimony and evidence in court.

A legal professional is therefore an important resource for victims of medical malpractice. He or she will be able to advise whether the victim may have suffered gross negligence at the hands of the provider or hospital, and how best to proceed.

No Comments

Leave a comment
Comment Information

Local Affiliation With Accomplished Trial Lawyers

Our partners are available as local counsel to out-of-state law firms in Michigan medical malpractice and personal injury litigation.Inquiries and referrals welcome.

Email Us For a Response

Reach Out To Us Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Goethel Engelhardt, PLLC
3049 Miller Road
Ann Arbor, MI 48103

Toll Free: 866-822-8237
Phone: 734-545-8421
Fax: 734-769-7935
Ann Arbor Law Office Map

google plus
map
Review Us