If you believe that you may have been the victim of medical negligence or malpractice in some way, you might be wondering what the next step you can take should be in order to ensure that you receive appropriate compensation and justice. A medical malpractice lawyer is a great choice to help you pursue that justice. These lawyers are trained specifically to help people in your situation and can assist you in a large number of ways.
What is medical malpractice?
First of all, it’s important to understand what people mean when they talk about “medical malpractice.” This is the name for what happens when a patient is harmed by a doctor, or another medical professional, who does not competently fulfill their medical duties in regard to the patient. The exact rules for what determines medical malpractice vary depending on which state you reside in and where the malpractice occurred.
Medical Malpractice in Michigan
The state of Michigan defines medical malpractice as when the actions of a doctor or other medical professional constitutes a violation (or breach) of the standard of care, with that violation resulting in injury to the patient.
The standard of care means the procedures and practices that medical professionals use to treat people suffering from a specific illness or disorder. The standard of care can change depending on the age and medical background of the patient, which is why expert medical witnesses are normally needed to look at the patient’s medical records to prove that malpractice occurred.
Michigan Statute of Limitations
In Michigan, patients can file suit against a medical provider or entity they believe has wronged them up to two years after the action has taken place.
However, the law takes into account that medical injuries are not always immediately noticeable, and allows you six months from whenever the injury was noticed to file a claim. This does not remain valid in most cases if the injury is detected more than six years after the action took place.
There are exceptions to this six-year statute of repose rule; however, those exceptions include injuries to the reproductive system or fraudulent medical actions.
There are also laws in place requiring the patient to alert the medical provider they are filing a suit against at least 182 days before officially filing the claim.
These laws are confusing and can be challenging to navigate, and a medical malpractice lawyer can help you understand how best to work through the system and process your claim.
Understanding malpractice
When you meet with a medical malpractice lawyer who could potentially represent your case, having an open dialogue is essential to open a line of communication and to ask any questions you have regarding the upcoming process. First of all, you want to understand what kind of malpractice you are dealing with. Here are some common forms of malpractice:
* Failure to diagnose: if a competent doctor would have made a different diagnosis or discovered what was truly wrong with the patient, which would have led to a more positive outcome from the medical treatment than what was actually achieved, then there may be a viable medical malpractice claim on behalf of the patient.
* Improper treatment: If the medical professional treats the patient using methods that a competent doctor would not have used, or if the correct treatment is selected, but it is incorrectly administered, the patient could have a viable medical malpractice claim.
* Failure to warn a patient of known risks: A doctor must advise their patients of known risks when starting a procedure or treatment. This is called duty of informed consent. If a patient had been informed of potential risks and had not chosen to go through with the procedure, the doctor may have committed medical malpractice if the procedure injured the patient due to the risks that were not made known to the patient.
Medical malpractice lawyers can help you understand these basic concepts, as well as other, more complicated issues, throughout your journey towards justice.
