Detroit Medical Malpractice Lawyers

Proving Medical Malpractice in Michigan

Not just anyone can bring a medical malpractice case against any doctor or medical facility.

A patient-physician relationship exists any time a physician serves a patient’s medical needs, according to the American Medical Association. If you go to the emergency room, the doctors you see during your visit, who learn about your symptoms, provide tests, provide medication, and offer a diagnosis, all enter into a patient-physician relationship with you. If you make an appointment at a specific practice or to see a specific doctor, then by attending that appointment and receiving some type of care, you establish a relationship. You do not have to have gone to a doctor for years or seen a physician multiple times to establish a relationship.

In order to bring a valid medical negligence claim, you must be able to show:

• A patient-physician relationship exists;
• The physician failed to provide care that upheld Michigan’s medical standard of care; and
• The physician’s deviation from their duty of care caused you harm.

It can be difficult to prove that a physician deviated from the standard of care. You will need to work with a medical injury attorney to gather evidence of this. Your attorney will hire a medical expert who can establish, for the court, what Michigan’s standard of care would have required in your circumstances. The expert can also discuss how your physician’s actions differed from what would have been required under the standard of care.

You may think the final element of your case is the simplest to prove. However, it can be complicated to prove that you suffered an injury due to negligent care. Most medical procedures and treatments come with risks. Just because you suffered a negative side effect does not mean your physician was negligent. You may suffer a side effect from a procedure or drug even if that was the best course of treatment for you. Suffering harm due to a procedure or treatment is not inherently proof that a deviation from the standard of care hurt you.

If you suffered a new injury or your condition worsened due to a medical procedure or treatment, or from a lack of medical care, contact our medical negligence lawyers right away.