While it’s true that “to err is human,” negligence or recklessness cause many medical errors. The consequences, including permanent injury or death, come at a significant price to patients and their families, and the subsequent costs of the physical, mental, and emotional damages are substantial.
Detroit Medical Malpractice Attorneys If you or someone close to you is dealing with the aftermath of a serious medical mistake, don’t face the situation on our own. The Detroit medical malpractice attorneys at Michigan Injury Lawyers want to ease your burden by fighting to obtain the financial compensation you deserve to recover for your damages.
What is Medical Malpractice?
According to a Johns Hopkins Medical study, medical errors account for 250,000 deaths in the United States each year. Only heart disease and cancer cause more non-violent deaths than medical malpractice. If a malpractice victim survives, they can suffer serious injuries or medical complications, and these happen across all disciplines of medicine. Surgeons and obstetrics-gynecology (OB/GYN) doctors face lawsuits the most among the various fields of medicine, according to the American Medical Association.
Medical malpractice is the failure of professional medical professionals, including doctors, nurses, hospitals, and clinics, to provide proper medical treatment for a patient in their care. Also known as medical negligence, errors or mistakes can result from a faulty diagnosis or treatment, or a serious mistake during surgery, among other reasons. Medical malpractice can also include mistakes in anesthesia, medication, misdiagnosis, birth injuries, or failure to diagnose a serious condition.
Not sure if you have a case? Not a problem. Contact our skilled attorneys, and we’ll review your case for free to get you the information you need.
What Are the Most Common Examples of Medical Malpractice?
Because there are so many reasons why a patient might need medical treatment, the list of medical malpractice types is extensive.
Having said that, some malpractice claims tend to occur more often than others.
- Birth injuries: Many malpractice lawsuits stem from birth-related injuries, including infant jaundice, hip dysplasia, and cerebral palsy.
- Surgery injuries: Some of the most severe injuries are a result of surgical errors. For example, negligence during neurosurgery may cause paralysis. Mistakes occurring during a spinal epidural, gallbladder surgery, gastric surgery, and even plastic surgery can have serious consequences.
- Anesthesia: Errors made in the administration of anesthesia can be fatal or lead to brain damage.
- Misreading tests: When a medical professional misreads tests, including x-rays, CT scans, mammograms, and biopsies, the consequences can be devastating.
- Misdiagnosing or failing to diagnose a medical condition: Healthcare professionals can reasonably be expected to provide proper diagnosis of serious conditions, such as cancer or bowel obstruction. Misdiagnosing is a serious oversight that often leads to complications and requires a lawsuit to help victims recover financially.
Do I Have a Legitimate Medical Malpractice Case?
It’s hard to determine the strength of your case until we review all the details.
However, here are three signs you may have a solid medical malpractice case:
- Lack of informed content: Medical professionals have a legal duty to explain all the risks and benefits that can accompany any medical procedure they wish to perform. They also can not perform any procedure without your permission.
- Extraordinary circumstances: In some cases, a patient may experience a mysterious or unusual outcome after a procedure. As an example, a patient could discover an instrument or a surgical sponge that may have been left behind during surgery.
- You are informed of a mistake by a healthcare professional: Many hospitals are working with new protocols to inform patients of mistakes, but not all hospitals are open and honest when an error occurs.
The best way to truly know if you have a legitimate medical malpractice case is to let a malpractice attorney review your records. With decades of experience on our side, Michigan Injury Lawyers can give you all the information you need to know to go forward.
Will My Case Go to Court?
It is highly likely your case will reach a settlement rather than be tried in a court of law. In most cases, a claimant’s lawyer and the insurance company’s attorney will negotiate a fair settlement to help you recover your damages. Medical professionals often have extensive insurance policies, though their insurers will do everything they can to fight liability. Our lawyers know how to negotiate with insurance companies to try to resolve your case without the need for a lawsuit. We will not hesitate to take the case to court if needed, however.
How Much Can I Receive for a Medical Malpractice Lawsuit in Detroit?
Michigan law imposes limits on the amount of compensation you can obtain in a malpractice lawsuit. However, these limits do not include medical expenses, lost wages, loss of earning potential, and other economic losses. Instead, the cap only applies to non-economic losses, such as pain and suffering.
It’s impossible to determine how much you can obtain in financial compensation for your damages without reviewing your case. Note, however, that since the financial losses that stem from medical negligence are often so substantial, some medical malpractice claims involve significant settlements or awards.
Does Michigan Have a Statute of Limitations for Malpractice Cases?
Under Michigan law, a statute of limitations exists to file a medical malpractice lawsuit. The time period is two years from the date the injury occurred. Be aware that there are some exemptions to this deadline, particularly for cases involving fatalities and cases affecting minors. Another exemption relates to the discovery rule and extends the filing deadline if you did not discover that the medical negligence occurred during the two-year time frame.
Contact a Detroit Medical Malpractice Attorney for Help
The best way to find out if you have a medical malpractice case is to review your situation with a Detroit personal injury attorney. Our medical malpractice attorneys have successfully represented clients in Detroit and throughout Michigan. Schedule a free initial case evaluation with our team now or call us at (888) 454-0801. We’ll answer all of your questions and get you the information you need to proceed.