Detroit Medical Malpractice Lawyers
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When you go to a medical professional for help, you put your trust in that person. You expect them to have the education, training, and qualifications necessary for that profession.
You expect them to know what they are doing, and to provide you with the highest standard of care possible. Unfortunately, your trust may have been misplaced. You may have gone to a dentist or doctor expecting to get better, only to get worse. If you believe your worsening condition or new injury is the result of poor medical care, and not a known side effect, then you should contact our medical malpractice lawyers from Davis Injury Lawyers, PLLC.
Our Detroit personal injury lawyers have experience representing the victims of malpractice in healthcare and obtaining compensation for the harm they endured. If you are suffering because of a careless or reckless physician, call us at (313) 462-7979 or contact us online to discuss pursuing financial recovery.
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What Is Medical Malpractice
When we are asked what medical negligence is, we first discuss physician and other health care professionals’ legal duty to maintain a certain standard of care.
When you have a physician-patient relationship with a doctor or practice, they must treat you a certain way. They must uphold a certain level of care.
In Michigan, this duty of care requires that your physician treat you as a reasonably competent medical professional or hospital would treat a patient under the same or similar circumstances. Your doctor or other medical provider must utilize their medical education and years of experience to provide you with the same care they would provide any other patient with a similar case.
Medical malpractice occurs when a health care professional’s actions, or failure to act, during your treatment deviates from the accepted standard of care within the medical community. This failure to uphold the standard of care is also referred to as negligence. When your physician fails to abide by the currently agreed upon standards of care for your circumstances, and this deviation causes you harm, you may have the right to pursue a claim for compensation. You should speak with a medical malpractice attorney about your situation and rights.
What Is Medical Malpractice
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.
Michigan Requires an Affidavit of Merit
If you believe you have a valid medical negligence case, you need to contact an experienced attorney.
If you believe you have a valid medical negligence case, you need to contact an experienced attorney. Bringing and proving medical malpractice is not easy. There are numerous filing requirements, and the best way to ensure you follow each rule is to work with a lawyer. One of these requirements is to include an affidavit of merit with your complaint. This affidavit is a sworn statement by a medical expert that says there is evidence of malpractice and that you were harmed by the malpractice.
What does this mean for you? You need to connect with an appropriate medical expert as soon as possible in your case. The easiest way to do that is to hire an experienced malpractice lawyer from Davis Injury Lawyers, PLLC, who have connections with medical experts willing to testify in court.
Medical Malpractice Statute of Limitations
In Michigan, you only have two years from the date the medical malpractice occurred to file a claim for compensation. If you did not find out that malpractice may be the cause of the harm until much later, then you must file your lawsuit within six months of discovery the malpractice. Statute of limitations often seem simpler than they are. There are many issues that can arise that enable you to file after two years from the date you were harmed.
However, you cannot assume you will have a longer period of time to file a malpractice lawsuit. Instead, the best thing to do is to speak with an experienced medical negligence lawyer right away to ensure you file within the appropriate amount of time. If you are late filing, the court may dismiss your case and you will not have a chance to obtain compensation.
Common Causes of Medical Malpractice Cases
At Davis Injury Lawyers, PLLC, we handle medical malpractice lawsuits based on a wide range of conduct, including:
When a physician fails to diagnose your injury or condition when another physician when another reasonably competent medical professional would have, and this allows the condition to worsen, then you may have a medical malpractice claim.
If a physician incorrectly diagnoses your injury or condition, and this allows your condition to worsen, or you are harmed by unnecessary treatments, then you should contact a malpractice attorney to discuss your legal rights and options.
Your injury or condition may be correctly diagnosed, yet your physician may order an inappropriate course of treatment. This could cause your condition to get worse, or you could suffer harm Treatments are often inappropriately given for back and neck injuries, spinal injuries, and traumatic brain injuries (TBI).
Unfortunately, medication errors are all too common. You could be harmed by a physician prescribing the wrong medication or the wrong dosage. You could be harmed when a properly prescribed medication is given to you the wrong way or at the wrong time. If you suffered injury because you were not properly prescribed and administered a drug, call us today.
Hospitals, clinics, and other health care facilities are typically busy. They need to be run efficiently and carefully to avoid mistakes. However, physicians, nurses, techs, and assistances often make small, careless errors that can have profound consequences for you and can cause serious injuries.
Despite a proper prescription, something may go wrong between the time your prescription is written and the time you pick it up at the pharmacy. If you are given the wrong drug, or the correct drug in the wrong dose or form, this can cause you harm.
It seems unimaginable, but mistakes happen in the operating room and during pre-op. Our malpractice lawyers have handled cases in which patients underwent the wrong procedure or where physicians performed the correct procedure on the wrong area of the body. If you suffered a surgical error, call us immediately.
Pregnancy and birth come with a great deal of risk. If physicians or nurses fail to be as careful as possible and to uphold the standard of care, they put both mother and child’s health at risk. If you or your child suffered a birth injury, do not hesitate to call Davis Injury Lawyers, PLLC.
It seems unimaginable, but mistakes happen in the operating room and during pre-op. Our malpractice lawyers have handled cases in which patients underwent the wrong procedure or where physicians performed the correct procedure on the wrong area of the body. If you suffered through a surgical error, call us immediately.
Nursing home abuse or neglect
When your elderly or vulnerable loved one is living in an assisted living facility or nursing home, you expect them to be treated with kindness and respect. You expect them to receive excellent care for their age and medical conditions. However, elderly nursing home residents are at significant to risk of being abused or neglected. If you notice that your loved one’s condition is worsening, or they are suffering from additional medical injuries, call us right away.
Pursuing Compensation in a Medical Malpractice Lawsuit
If you were harmed due to dental or medical negligence, then you may be able to obtain compensation.
Our experienced malpractice attorneys at Davis Injury Lawyers, PLLC will help you fight for the maximum amount of compensation possible for your:
- Medical expenses
- Lost wages
- Physical pain and suffering
- Mental anguish and emotional distress
- Reduced earning potential
- Reduced quality of life
You can seek full compensation for your financial expenses and losses. However, Michigan caps your non-economic damages. The caps differ if you suffered a non-permanent or catastrophic injury versus if you have suffered paralysis, permanent cognitive impairment, or permanent loss or damage to a reproductive organ. These limits are adjusted each year by the state treasurer. In 2018, the limits for non-economic damages in medical malpractice cases are $812,500 for permanent injuries and $455,500 for non-permanent injuries.
To learn more about the value of your medical malpractice claim, do not hesitate to call us and schedule a consultation.
Was Your Loved One Killed Due to Medical Malpractice?
If your parent, spouse, child, or close relative passed away, and you believe it was from receiving substandard medical care, call Davis Injury Lawyers, PLLC right away.
We will thoroughly investigate your loved one’s circumstances and death to determine if there is evidence of medical malpractice. Depending on what we find, we may obtain a medical expert’s opinion and affidavit. Through a wrongful death medical malpractice claim, we will pursue compensation for:
- The medical costs your loved one incurred
- The funeral and burial costs
- Loss of a spouse’s consortium
Let Davis Injury Lawyers, PLLC Help You
When you go to a doctor or dentist, you should receive proper care.
You deserve to have your trust confirmed, and to have that medical professional utilize all of the education, training, and years of experience to try to find out what is wrong and how to best correct it. When your trust is abused, and you receive substandard medical care that causes you harm, you deserve to hold that medical professional responsible. You also deserve to receive compensation for your economic and non-economic injuries.
To discuss bringing a medical malpractice claim in Michigan and the potential value of your claim, call the personal injury lawyers at Davis Injury Lawyers, PLLC at (313) 462-7979 or contact us online to schedule an initial consultation.