Most residents are familiar with the term “medical malpractice,” but there are many misconceptions surrounding this area of law. If you undergo any form of medical care and suffer an unexpected injury through the course of your treatment, it’s vital to know what constitutes medical malpractice and what you can do about it when it occurs.
A medical malpractice claim is a form of personal injury claim. The legal crux of every medical malpractice claim is delivery of care within the standard of practice applicable to the patient.
Defining Medical Malpractice
Doctors, nurses, and other health care professionals must always stick to the standard of care (also known as standard of practice) in treating patients. When a doctor agrees to treat a patient, and a doctor-patient relationship is formally created, the doctor must always adhere to the standard of care.
Medical malpractice can occur when negligence, incompetence, or disregard for patient safety causes harm to a patient. A few of the commonly reported forms of medical malpractice in Michigan include:
- Diagnostic errors, such as misdiagnosis or failure to diagnose, which prevent patients from receiving the medical care they require.
- Medication errors, such as prescribing the wrong medication, the wrong dosage, or failing to account for adverse drug interactions.
- Surgical errors, which have the potential to result in life-threatening complications for the victim.
- Birth injuries, such as an injury to an infant during delivery that results in a permanent disability or severe traumatic injury.
- Anesthesia errors, which can cause anesthesia awareness, toxic injury, or other acute harm to the patient.
These are just a few ways medical malpractice may occur. Ultimately, any time a medical professional fails to uphold the standard of care their patient requires, it can form the basis of a medical malpractice claim. If you believe you have suffered harm from any form of medical malpractice, it is crucial to seek legal counsel you can trust as soon as possible. An attorney with experience can manage the process of filing your claim and securing as much compensation as possible for your damages.
FAQs About Medical Malpractice in Michigan
How Much Can I Secure in Damages for Medical Malpractice?
The value of your medical malpractice claim is determined by several factors including the severity of the injury you suffered, whether you face long-term or permanent complications, and the scope of financial losses you sustained from the incident.
How Long Do I Have to Start a Medical Malpractice Suit?
For medical malpractice claims, Michigan has a very detailed statute of limitations, and it is wise to speak with an experienced medical malpractice attorney to calculate the statute of limitations. As well, it’s always best to secure legal counsel to help you file your claim as quickly as possible.
Do I Need to Hire an Attorney for a Medical Malpractice Claim?
Technically, no. But, medical malpractice cases are complex and have a number of legal requirements which can be difficult for a non-attorney to meet. Your chances of winning the case and maximizing your recovery are significantly increased when you have experienced legal representation on your side. Instead of trying to manage your medical complications and your legal affairs at the same time unassisted, it is better to have an attorney with experience help you with your claim.
How Much Does It Cost to Hire a Medical Malpractice Attorney in Michigan?
Goethel Engelhardt, PLLC, can offer the legal representation you need for your medical malpractice case on a contingency fee basis. This means you will not be required to pay any upfront or ongoing legal fees for our representation, and you will only pay a fee once we win your case. This ensures you have the best legal counsel you need.
Goethel Engelhardt, PLLC, has successfully provided effective legal representation to many past clients in a range of malpractice cases. We take time to learn as much as we can about each client’s unique needs and concerns to deliver truly client-focused representation. If you’re ready to see how our firm can empower your recovery efforts, contact us today and schedule a free consultation with a medical malpractice attorney you can trust.