Posted on 06/06/2022
Medical Malpractice Lawyers in Grand Rapids, MI
We use compassion and strength to win your personal injury case with integrity. If your experience with a health care provider resulted in injury or death from failure to meet the accepted standards of care, Grover Lewis Johnson will help you get the results you deserve.
You don’t pay any fees until your case is won. Start with a free consultation to speak with our Medical Malpractice Team who is located throughout the state of Michigan.
With a proven track record of leading numerous successful trials, including cases involving multiple millions of dollars, Richard K. Grover, Jr. has strategically formed Grover Lewis Johnson. Mr. Grover is recognized as a leader in medical malpractice litigation. His past experience in medical malpractice defense sets him apart from other attorneys, using insights he has gained from both sides of the case.
Mr. Grover’s leadership guides the best and brightest legal minds in continuing a legacy that was established more than 25 years ago, providing expertise and results in medical malpractice litigation. This expert team works alongside you to make honest recommendations and build a fearless plan to navigate the complex legal aspects of your situation.
We carefully select our cases, and won’t waste your time taking a case to trial that can reach a practical resolution early, through settlement. However, if taking your case to trial is the best option, we will form a pragmatic plan and leverage our respected reputation to help you win. Throughout the entire process, we are on your side.
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What Constitutes Medical Malpractice?
Medical professionals or healthcare institutions failing to comply with the required standard level of care may cause patients harm or injuries. Therefore, medical malpractice claims are based on patients’ rights to safety, protection, and care from medical professionals. People file medical malpractice claims for various factors, including improper treatment, diagnosis, and treatment without the patient’s permission.
During a medical malpractice lawsuit, the plaintiff is the patient or their representative, while the defendant is a medical professional or hospital. Unfortunately, the plaintiff bears the burden of proof. Therefore, they must prove the defendant was negligent, and the negligence caused injuries that resulted in substantial damages.
Michigan state laws have a statute of limitation of two years. Therefore, your medical malpractice lawyer must file a lawsuit within two years of the malpractice date. In exceptional circumstances, you can also file the case six months from the date of malpractice discovery.
What Are Common Reasons for Filing Malpractice Claims?
Most people file medical malpractice claims to get compensation and justice for the wrongdoing of medical professionals or hospitals. Other files malpractice claims to promote compliance and quality healthcare services among hospitals and medical professionals. People also file malpractice claims to report medical misconduct, such as
- Medical misdiagnosis
- Surgical errors
- Birth injury
- Hospital malpractice
- Delayed diagnosis
- Medical product liability
- Failure to provide informed consent
- ER malpractice
- Medical errors
How a Medical Malpractice Attorney Can Help
Partnering with our professional medical malpractice lawyers for your lawsuit will help you in the following ways;
- Help you apply for a medical malpractice claim before the deadline.
- Determine the eligibility and value of your claims and case to ensure adequate compensation.
- Provide an accurate assessment to test the viability of your claim.
- Provide an in-depth analysis of the severity of the injuries or harm caused by the malpractice.
- Verify and include all liable parties responsible for the damages caused by alleged malpractice in the case.
- Recommend additional and follow-up medical support.
- Gather evidence, medical reports, documents, and relevant data.
- Provide an affidavit of merit containing expert witness testimony.
What Are the Four Elements of Medical Malpractice?
Federal and state laws in Michigan require plaintiffs to prove all four elements of medical malpractice for a successful claim.
These four elements are:
Duty of Care
The plaintiff must prove the existence of the defendant’s legal duty to provide them with care and treatment. Therefore, there must be an existing doctor-patient relationship or verify that you were a patient at the hospital.
Doctors have a duty of reasonable professional care and compliance with the medical code of conduct and professional ethics. However, the obligation does not extend outside the healthcare institution.
Breach of Duty of Care
Medical malpractice occurs when physicians fail to comply with the duty of care. The plaintiff needs to demonstrate the physician breached this duty of care by showing the standard of care. You need to confirm that the doctor caused harm in a way that a competent doctor would avoid in a similar situation.
The plaintiff may also need to present an expert witness testimony from a physician with the same board certifications. However, some situations considered res ipsa loquitur speak for themselves a need no expert testimony. For instance, if a doctor operates on the wrong surgery site or patient.
Direct Cause
The plaintiff must prove that the breach of duty caused an injury or harm to the patient. They must demonstrate the alleged misconduct or negligence is the cause of the subsequent injury and not a pre-existing situation. Expert witness testimony, medical reports, and relevant data can help prove causation.
Damages
As mentioned, one of the main intentions for filing medical malpractice claims is to receive compensation. Before the plaintiff becomes eligible for compensation, they must prove that injury or harm caused by the alleged misconduct resulted in significant damages.
Plaintiffs can sue for monetary damages such as physical pain, medical bills, loss of income, and mental health problems. They can also sue for punitive damages for malicious misconducts such as sexual misconduct or deliberate failure to include medical records. Monetary damages warrant monetary compensation, while punitive damages may result in physicians going to prison or losing their practice license.
Do You Have a Medical Malpractice Case?
If you or a loved one needs to develop a medical malpractice case, consider partnering with medical malpractice lawyers at Grover Lewis Johnson. We have the best medical malpractice attorney in Grand Rapids, Michigan, well equipped to provide professional and compassionate legal counsel for medical malpractice victims. Contact us today for a free consultation with our expert medical malpractice lawyer.
FAQs
Can I still file a malpractice lawsuit after the two-year statute limitation?
Michigan state laws have a statute of limitation of two years. Therefore, your medical malpractice lawyer must file a lawsuit within two years of the malpractice date. In exceptional circumstances, you can also file the case six months from the date of malpractice discovery.
Can I still sue a doctor for medical malpractice after signing informed consent?
Informed consent forms do not prevent you from filing a medical malpractice claim depending on your physician’s intentions or negligent wrongdoing.