Health care professionals have an obligation to provide patients with the widely accepted standard of care.
But sometimes, health care professionals act too quickly and end up neglecting their patient’s safety.
In either situation, if you, or someone you know, has suffered an injury and you believe it was caused either directly or indirectly by your medical provider — you’ve come to the right place.
You need a Michigan medical malpractice lawyer to represent you in your malpractice case.
I’m going to review what medical malpractice is, how settlements in legal pursuits are determined, and how to get an attorney to take your case.
And finally, (and most importantly) how to get in touch with experienced and trusted Michigan medical malpractice lawyers for free.
What is medical malpractice?
Medical malpractice or negligence is when a health care professional fails to uphold their professional duty to provide each and every patient with the “standard level of care.”
Medical malpractice can take place in a lab, hospital, and even at your doctor’s office.
In fact, most practicing medical professionals have had a medical malpractice lawsuit at least once in their life.
What constitutes medical malpractice can include, but is not limited to:
- Surgical errors
- Medical errors
- Prescription errors
- Misdiagnosis or diagnosis errors
- Birth injuries
- Lab errors (radiology and blood testing)
Every medical professional must follow the widely and accepted standard forms of treatment and care.
Any breach in a patient’s care can put the patient at risk for detrimental injuries, and even death.
In 2013, it was estimated between 210,000-400,000 patients in the United States died due to medical error.
In Michigan, to prove medical malpractice, your lawyer must prove four elements.
- The patient and medical professional, or hospital they were providing care under, had an established relationship
- The medical professional, or hospital team, did not provide the patient with proper medical care
- The neglect or medical error in care resulted in an injury to the patient
- The patient suffered further damages from the injury
You may also be interested in: 8 must-know things about medical malpractice
How are settlements determined?
This isn’t such a clear-cut answer.
Essentially, over an initial consultation, an experienced medical malpractice attorney will provide you with their best legal expertise and possible outcome, based upon the factual information and percieved damages.
Factors that contribute to determining the settlement of a lawsuit include:
- Physical injuries
- Monetary loss from injury
- Loss of future wages or income
- Current and future medical expenses (related to the injury)
- Quality of life (the emotional suffering caused by the injury)
Damages can be further referred to as economic and noneconomic.
Back in 1994, Michigan put a “cap” or limit on all claims relating to medical malpractice.
An experienced Michigan medical malpractice attorney will be able to further explain what this would mean for your settlement.
Overall, there are several factors that influence the settlement of your medical malpractice lawsuit.
Your attorney will advise you what a fair settlement would be for your lawsuit specifically, based upon the factors and evidence necessary to win.
Do most medical malpractice cases go to trial?
Statistics find that many medical malpractice cases are typically decided by a jury.
Going to trial is a time-consuming and expensive process.
In most malpractice suits, the defendant (medical professional being accused) will attempt to settle rather than take the claim to trial.
This isn’t always the case, however.
A top medical malpractice lawyer will review all the factors of your claim to decide if either trial or settlement will be the right path for your case.
Some of the best medical malpractice attorneys, like those at Grover Lewis Johnson, have an attorney dedicated solely to settlement negotiation.
This brings an extremely beneficial element to the table, as they only work with the settlement process and understand how to get the best settlement for your lawsuit.
When deciding to hire an attorney for your legal pursuit, you want to choose someone that is prepared for either avenue—settlement or trial.
What should I do if I suspect a medical error?
Medical malpractice and negligence must be brought to justice.
And even though compensation may not undo the traumatic injury, compensation can help you move on and live your best life.
It might seem daunting when searching for the right medical malpractice attorneys, between the consultation fees, legal jargon and possible court proceedings.
The right attorney, however, will prepare you for every step of the way and give you a good idea of what to expect at your initial consultation.
Related reading: How to Prepare for Your Meeting With a Medical Malpractice Lawyer
How do I get a malpractice attorney to take my case?
One of the most important factors every Michigan medical malpractice lawyer must make is determining the statute of limitations for your lawsuit.
The statute of limitations is a law that essentially says how long you have to submit your medical malpractice case.
In Michigan, the statute of limitations is generally two years from discovery of the injury.
However, there are other laws and legal processes that influence the “deadline” which makes this tricky.
Even if you are unsure if you meet the two years limit, you should still consult with an experienced attorney.
They can review the facts of your medical malpractice claim, your injuries and damages, and whether or not your lawsuit fits the statute of limitations.
Contact our uniquely qualified medical malpractice team
If you believe that you’re a victim of medical malpractice, reach out to our malpractice attorneys in Michigan.
With 20 years of experience in nursing, Eileen Kroll is an asset to the Grover Lewis Johnson medical malpractice team. She assists in medical litigation by providing legal and medical advice.
This powerful combination in medical background makes Grover Lewis Johnson unique in the area of identifying medical errors.
If malpractice occurred, our team will fearlessly fight to get the compensation you deserve.
Fill out this intake to speak with one of our trusted attorneys at a free consultation.