We trust medical professionals to provide us with the highest standard of care when we place our lives in their hands. Unfortunately, doctors and nurses are humans, and humans make mistakes. However, when a doctor could have prevented a mistake in your medical care and avoided injuring you, it may be a case of medical malpractice. A medical malpractice attorney can help you receive compensation.
What is Considered Medical Malpractice?
Identifying a case of medical malpractice is no simple task. In order to have a case against a healthcare provider, you must be able to show that the provider was engaged in negligent or intentionally malicious medical care.
A common example of medical malpractice is if a surgeon neglects to do a tool count at the end of a procedure and accidentally leaves a surgical sponge inside a patient. Because the tool count is part of standard surgical procedure, and the surgeon failed to follow procedure, the surgeon’s negligence led to your injury and discomfort.
Other common types of medical malpractice include the following:
- Medication errors
- Missed or delayed diagnosis
- Wrong diagnosis
- Patient mix-ups
- Failure to adhere to allergy warnings
- Improper hygiene practices
- Wrong-site surgery
- Patient safety violations
It is important to understand that simply being unsatisfied with your health care and prognosis may not be a case of medical malpractice. For example, if a doctor has explored every known treatment for your condition and you have not made any improvement, it is not likely to be considered malpractice.
Medical malpractice is the breach of the duty of care your doctor owes you when you trust him or her to provide reasonable medical care. Reasonable care is what current medical procedures and knowledge dictate as standard – in other words, if any doctor in their situation would have reacted the same way, it is usually not considered malpractice, even if the outcome was adverse.
How Can You Prove a Doctor was Responsible?
If you believe you or a family member was a victim of medical malpractice you need to act quickly. In Michigan, the statute of limitations only allows for two years to elapse after the injury is discovered before you are unable to bring a malpractice claim. If the negligent act resulted in the death of the patient, the statute of limitations begins at the time of injury or death and runs for three years.
As long as you are within the time frame to file a medical malpractice claim, you will need to produce medical records and obtain testimony from medical experts to identify the negligence and how it harmed the patient. This requires detailed analysis of the medical records and deposing expert witnesses. It is at this time that a medical malpractice attorney is your best option for getting these steps accomplished properly and with the least amount of stress on your part.
Once the evidence against the negligent medical professional is gathered, the claim is brought against the defendant. Most doctors carry malpractice insurance or have the protection of their hospital’s legal team to help defend against these accusations. It is imperative that you also seek legal counsel before filing a complaint against your doctor. Neglecting to do so could result in a claim denial or an insubstantial settlement offer.
Make Sure You Have the Right Legal Representation
Doctors, surgeons, clinics, and hospitals all have their own legal teams and insurance companies protecting their reputations. When you have been harmed by a medical professional who was trusted with your care, you have the right to pursue compensation for your damages with the help of an attorney.
The Michigan medical malpractice legal team at Gallon, Takacs & Boissoneault is here to listen to your situation and provide a comprehensive analysis of your rights and options for recovery. Contact us online to set up a free consultation, or call us directly at 734-430-3012 to get started.