Michigan Medical Malpractice Attorneys
Doctors, nurses and other health care providers spend a great deal of time learning how to treat a wide variety of illnesses and physical maladies. As a group they are professionals dedicated to helping alleviate the ailments that plague mankind. Unfortunately, health care providers can also make mistakes. When mistakes are made the effects can be devastating. In fact, according to the National Academy of Sciences, approximately 98,000 Americans die from “medical mistakes” each year.
Medical malpractice is a form of negligence involving a medical professional. The negligence does not have to stem from a doctor; any number of people can be responsible for medical malpractice, including physician assistants, nurses or interns.
Medical malpractice can be found in many forms such as failure to diagnose an illness, failing to remove medical devices after surgery, failing to order proper diagnostic tests, as well as certain birth injuries including cerebral palsy. Of course these are just a few of the more common examples of medical malpractice cases. The problems and difficulties that can result from medical malpractice are far too complex and detailed to address in summary form.
If someone is injured as a result of a medical professional’s breach from the standard of care, that treater may be liable for the injury that has occurred. The determination of whether a medical professional has met the standard of care is based on a comparison to other professionals in the same field and the same geographical region. In other words, what would a reasonably competent medical professional practicing in the same field as the defendant, and in the same area of the defendant, do under the circumstances the defendant was facing with respect to care and treatment of the patient.
Medical malpractice does not occur every time there is a bad outcome from treatment. It is simply a duty to provide good care according to the accepted standards of the community and/or the accepted standards of a particular medical specialty.
There are many different type of medical malpractice cases. Typical cases include, but are not limited to, the following:
Medical Malpractice Rules
In Michigan, the rules for filing medical malpractice lawsuits are complex and restrictive. Typically, a lawsuit must be filed within 2 years of the date of the malpractice or 6 months from the date of the discovery that malpractice occurred. Under almost no circumstances may a medical malpractice action be brought later than 6 years after the date of the alleged act or omission.
A plaintiff may not file a lawsuit until 182 days after providing notice to the defendant. The purpose of this is to encourage settlement between the parties. This is called a notice of intent. If a lawsuit is necessary, a claimant must file an affidavit of merit, where a medical expert specifically certifies that a claim for medical malpractice is warranted. The affidavit of merit must be signed by a health care professional who is licensed and specializes in the same specialty as the defendant. For example, if the defendant is board certified, then the affiant must also be board certified in the defendant’s specialty. After the plaintiff files the complaint, the defendant is responsible for filing its own affidavit of meritorious defense.
Besides filing a lawsuit against a doctor or other health care professional, a medical malpractice victim can also file suit against the hospital or health care facility where the malpractice took place. This is accomplished through legal mechanisms called vicarious liability and respondeat superior, where the principal (hospital) is responsible for the negligent acts of its agents (doctors).
The Michigan Supreme Court and Michigan state legislature has limited the ability of victims to recover compensation against doctors and health care facilities that make negligent mistakes. You should immediately contact an experienced attorney knowledgeable in the field of medical malpractice to ensure you protect your rights.
Why You Should Call LEE FREE
Medical malpractice cases in Michigan are extremely complex and take a team of dedicated and experienced professionals who possess specialized knowledge in the field of Michigan medical malpractice law. In this complicated field, you need access to a full spectrum of medical experts who can review and improve the outcome of your case. Hospitals and insurance companies have experienced and trained lawyers working to protect their interests. You should too.
If you or a loved one has been the victim of medical malpractice, it is essential you contact our team of Michigan medical malpractice lawyers to protect your rights and obtain the money you deserve.
At the Law Offices of Lee Steinberg, P.C., we have handled hundreds of medical malpractice claims, recovering millions for innocent victims. We approach each case with a dedicated team of experienced professionals who possess specialized knowledge in the field of medical malpractice law.
Please call the Law Offices of Lee Steinberg P.C. at 1-800-LEE-FREE (1-800-533-3733). The initial consultation is FREE of charge and we work on a contingency fee basis, which means we get paid only if you receive a monetary award.