If you have already spent some time looking into the Michigan medical malpractice landscape before arriving at this blog, you may already be aware that “the standard of care” is one of the key elements that must be addressed for a malpractice case to succeed. What can be less clear is determining exactly what that standard is under Michigan law. We can help you understand the medical standard of care in Michigan and how it’s proven.
When you need to hire a medical malpractice attorney for additional, one-on-one assistance, the team at Goethel Engelhardt, PLLC, is happy to be of assistance. We have over 40 years of experience and a sterling track record when it comes to complicated medical malpractice cases.
According to EMS1, an online community for first responders and ambulance personnel, Michigan is in the top ten states nationwide for total reported malpractice claims. This means that you are not alone. While many healthcare providers are well-trained, dedicated heroes, they can also make mistakes or bad choices. When this happens, the patients harmed have legal recourse.
Understanding Medical Malpractice in Michigan: The Standard of Care
In Michigan, the standard of care is one of the key elements that must be proven in a medical malpractice claim. It is the measuring stick used to establish the defendant’s liability. All four elements that should be established are:
- Duty of care. Show that there was a doctor-patient relationship. This establishes that the provider had a duty to provide quality medical care to the patient.
- Breach of the standard of care. The medical provider failed to provide the standard of care reasonably expected of them. In other words, their efforts to provide medical care fell so short of reasonable that they legally qualify as negligence or outright misconduct. This tenet is the groundwork that the rest of the case must be built upon.
- Causation. This failure to meet the standard of care led directly to an illness or injury, or worsened the patient’s condition.
- Damages. The injury or illness in question directly resulted in legally compensable damages, such as additional healthcare costs, expensive medical devices to accommodate related disabilities, or even less tangible factors like emotional pain and suffering.
Proving the Medical Standard of Care in Michigan
At its core, “the standard of care” is the level of service anyone can reasonably expect from a healthcare provider. Depending on the case, this can be an obvious matter or a subtle one requiring much interpretation, negotiation, and deliberation.
In Michigan, a malpractice claimant must prove that their practitioner did not provide the acceptable standard of professional care that is recognized in the community in which they practice. In many cases, the applicable standard of care must also be proven.
While every case is unique, the standard of care in the medical field is often proven through testimony from a qualified medical expert. Typically, this professional is licensed and practices in the same specialty as the defendant provider. An expert witness may be able to help explain:
- What the accepted standard of care was at the time of treatment
- How the defendant’s actions or failure to act deviated from the standard of care
- What a competent medical professional would have reasonably done in a similar situation
- Whether the alleged deviation from the standard of care may have caused harm
Medical records and other related evidence are often important in medical malpractice cases as well, as they can help show a timeline of events, treatments provided, and treatments that may not have been provided. An attorney can review your case and help determine whether the care you received may have fallen below the applicable standard of care and whether you may have grounds to pursue civil court action.
Need Help Proving the Standard of Care in Michigan? Hire a Medical Malpractice Attorney
By now, you may have noticed that Michigan medical malpractice laws can be confusing. This can be especially true for someone with no legal training, and even more so for someone trying to recover from a serious injury or illness and simultaneously make progress on legal matters.
When you’re ready to take the first step towards securing the justice and support you need, Goethel Engelhardt, PLLC, has highly effective Michigan medical malpractice attorneys ready to explain your legal options and help you meet your goals with an expeditious, cost-effective legal strategy.
FAQs About The Medical Standard of Care in Michigan and How It’s Proven
How Can the Standard of Care Be Proven?
The standard of care can be proven in a variety of ways, depending on the specific circumstances of a medical malpractice case. The type of evidence necessary to successfully litigate a medical malpractice claim can vary greatly, just based on the type of medical practice or procedure that led to damages. Often, but not always, key evidence for these cases comes in the form of witnesses who are highly respected in the medical field in question.
What Are the Chances of Success in a Medical Malpractice Case?
The chances of success in a medical malpractice case are completely dependent on the specific factors of that unique case and will vary greatly from one claim to the next. An experienced attorney can review the facts of your situation, assess the evidence, and inform you of potential case outcomes.
What Are the Four C’s of Medical Malpractice?
The “Four C’s” of medical malpractice usually refers to compassion, communication, competence, and charting (record-keeping). These elements serve as the basis for quality patient care and legal protection. It is believed that by focusing on these principles, healthcare providers can foster patient relationships, deliver better outcomes, and reduce malpractice claims.
Does Michigan Have a Good Healthcare System?
Evaluating whether Michigan has a good healthcare system depends on several factors because every patient’s experience is different. Michigan, like other states, has many different types of doctors and providers working in different clinics, corporate healthcare systems, and public health organizations. While many patients receive quality care throughout the state, the healthcare system in Michigan has challenges like any other.
Goethel Engelhardt, PLLC – Michigan’s Premier Medical Malpractice Firm
If you’re navigating the complicated legal aftermath of a medical malpractice incident, we can help. Whether you’ve been researching for weeks and are ready to file a claim, or you’re still in shock from your experience and wondering whether a breached standard of care is even provable in your case, our medical malpractice attorneys have the tools and tactics you need to strengthen your claim and hold negligent providers accountable.
Contact our Ann Arbor offices today to set up a confidential consultation so we can learn more about what you’re facing.
