Medical Malpractice
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. According to the National Practitioner Data Bank (NPDB), medical malpractice ranks as one of the leading causes of death in the United States. The Institute of Medicine (IOM) found that medical errors resulted in between 44,000 and 98,000 deaths annually, and these errors could have been avoided if appropriate measures were taken.
What is Considered Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from the accepted standards of care, causing harm to a patient. This harm can be physical, emotional, or financial. Some examples of medical malpractice include misdiagnosis, surgical errors, medication errors, and birth injuries. These mistakes can happen due to negligence, incompetence, or intentional actions. It’s important to note that not every mistake a healthcare professional makes constitutes medical malpractice. In order for a case to be considered medical malpractice, there must be evidence that the healthcare provider breached a duty of care owed to the patient and that this breach caused harm.
Other common types of medical malpractice include the following:
- Medication errors
- Missed or delayed diagnosis
- Wrong diagnosis
- Patient mix-ups
- Birth Injuries
- 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.
What is the wrongful death statute of limitation in Michigan?
Michigan law specifies that wrongful death lawsuits must be filed within three years of the date of death. This three-year time frame applies regardless of the cause of death, such as a vehicle accident, medical malpractice, or any other factor.
If the statute of limitations expires, the opportunity to file a wrongful death lawsuit ceases. Consequently, the family of the deceased is unable to pursue compensation. Hence, it is crucial to initiate the claims process promptly following the passing of a loved one. Filing a lawsuit after the statute of limitations has expired drastically reduces the chances of receiving any compensation for surviving family members.
However, there are certain exceptions to the statute of limitations in wrongful death cases. For instance, if the responsible party conceals their actions or if the plaintiff is legally incapacitated, the time frame for filing may be extended. The lawsuit’s filing period could also be prolonged if the defendant is a minor or away on active military duty.
How Can You Prove a Doctor is Responsible?
Medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care, resulting in patient harm. The consequences can be severe, including long-term injuries, disabilities, and even death. However, determining a doctor’s responsibility in these cases can be challenging. To prove medical malpractice, follow these steps:
1. Gather Medical Records: Obtain copies of all medical records related to your treatment, including test results, procedure notes, and medication orders. These records are crucial evidence for your claim; a medical malpractice lawyer can help you obtain them.
2. Expert Witness Testimony: Present expert witness testimony from a doctor with the same specialty as the defendant. The expert can explain the accepted standard of care and how the doctor’s actions fell short. This testimony provides additional evidence to support your claim.
3. Comparative Analysis: Compare your treatment with patients who had a similar diagnosis and were treated by other healthcare providers. This analysis helps determine if the doctor’s actions were below the accepted standard. A medical malpractice lawyer can assist in obtaining this comparative analysis.
4. Document Damages: Keep detailed records of medical expenses, lost wages, and other costs related to your injury. This documentation provides evidence of the extent of your injury and supports your need for compensation.
By following these steps, you can strengthen your case and seek justice for the harm caused by medical malpractice.
Make Sure You Have the Right Legal Representation
Doctors, surgeons, clinics, and hospitals have legal teams and insurance companies that protect their reputations. If a trusted medical professional has harmed you, you have the right to seek compensation with the help of an attorney.
A medical malpractice lawyer can assist you in navigating the complexities of proving doctor negligence. They can provide legal expertise and help gather the necessary evidence for your case. Furthermore, they can negotiate with insurance companies and other involved parties to ensure you receive the compensation you deserve.
Should you require assistance regarding Michigan medical malpractice, the Gallon, Takacs & Boissoneault legal team is available to assess your rights and options for recovery. Schedule a free consultation online or call us at 734-430-3012 to proceed.
