Most people are familiar with the term “medical malpractice” but are not fully aware of the specifics of this type of civil claim. Whenever a medical professional harms a patient through negligence, or failure to meet the patient’s standard of care, this can form the basis of a malpractice claim. In most medical malpractice claims, the defendant is the individual healthcare professional responsible for the plaintiff’s injury. However, if a hospital bears any liability for the incident, they could share liability for the plaintiff’s damages.
If you were recently injured from medical malpractice in a hospital, you could likely file a medical malpractice claim against the specific medical professional responsible for your injury. However, if their employer shares fault for the incident, you would have grounds to claim compensation from the hospital as well.
The basis of any medical malpractice case is the standard of care that the patient requires for their diagnosis. If a medical professional fails to meet this standard of care, or if they injured the patient through professional misconduct of any kind, the patient has the right to start a medical malpractice suit. If your injury occurred not only due to the actions of a specific medical professional but also their employer, such as a hospital, you would have grounds for legal recourse against all parties who share liability for your damages.
Your medical malpractice attorney can be an invaluable asset for building your case and helping you secure the compensation you legally deserve. An experienced attorney can help meet the preliminary requirements of filing your claim and assist you in uncovering the extent of damages you are entitled to seek from the defendant.
Hospitals are required to maintain the highest levels of safety, sanitation, and employee training, and any failure on their part could lead to legal penalties in addition to liability for the damages they cause. Liability for your damages may fall to the individual healthcare professional who caused your injury, but the hospital could owe you compensation as well. When more than one party bears liability for your damages, your attorney can help you understand how your case is likely to unfold and what level of compensation you can expect if you succeed with the case.
Goethel Engelhardt, PLLC, has extensive experience handling all types of complex medical malpractice claims for clients, including those pertaining to hospital negligence. If you are unsure how to proceed with recovering from your recent injury in a Michigan hospital, we can help, and it is important for you to reach out to legal counsel as soon as possible to have the greatest chance of success with your case.
A hospital negligence claim is a form of a malpractice claim, and the statute of limitations for all medical malpractice cases in the state is two years. You must submit your claim to the court no later than two years from the date your injury occurred; otherwise, you will lose your chance to claim compensation from the defendant. You have procedural requirements you must meet within this timeframe, so it’s vital to consult an attorney as soon as possible after your injury to start working on your case.
Medical malpractice takes many forms, but the most commonly cited type of malpractice that leads to civil suits is misdiagnosis. Any doctor responsible for diagnosing their patient must do so using an appropriate differential diagnostic process and follow the standard of care for their patient at all times. Any errors in diagnosing a patient’s condition could potentially lead to severely adverse outcomes. Misdiagnosis claims also pertain to failure to provide an accurate diagnosis in a timely fashion.
There are prerequisites for medical malpractice claims you must fulfill before filing your claim. You need an affidavit of merit from a medical professional who holds the same professional credentials as the defendant, and you must notify the defendant of your intent to file suit at least 182 days prior to the actual filing of your claim. Because you must meet the statute of limitations, it is essential to start this process as soon as possible to meet the applicable deadlines for your case.
The medical malpractice laws of Michigan enable a plaintiff to seek full repayment of all the economic losses they suffered from the malpractice, such as the cost of additional medical expenses they incurred for treatment of their injury, lost income during recovery time, and lost future earning capacity if they were permanently disabled. State law allows them to claim pain and suffering compensation, but this is limited to a cap that increases each year.
Goethel Engelhardt, PLLC, accepts medical malpractice clients on a contingency fee basis. This means you are not required to pay any upfront or ongoing legal fees for our representation. Instead, we take a percentage of the total compensation we secure from the client as our fee. However, we will only take this fee if and when we win your case. There is no fee if we are unable to secure compensation for you for any reason.
It may be daunting to imagine filing a civil suit against a hospital for malpractice, but the right attorney on your side can help you approach this situation with confidence and peace of mind. Goethel Engelhardt, PLLC, has years of experience handling all types of medical malpractice cases, and we are ready to put this experience to work for you. Contact us today and set up a free consult with our team to learn more about the legal services we provide.
3049 Miller Road
Ann Arbor, MI 48103