The Basics of Medical Malpractice in Michigan

by | Jan 25, 2018 | Medical Malpractice | 0 comments

A person may have a medical malpractice case if they are injured after a doctor, nurse, or other healthcare professional fails to perform their work in a competent manner. There are certain general rules involved in medical malpractice cases in the state of Michigan. This is a special category of law that is very complex, but here are the basics of medical malpractice.

Claim Requirements

If you believe you are a victim of medical malpractice, you will need to prove the following things:

  • The doctor and patient had a relationship: You must prove there was a doctor-patient relationship between you and the doctor or other healthcare professional you are suing. This is as simple as providing proof that you went to the doctor for medical care or treatment.
  • The doctor was negligent: You don’t have a medical malpractice case simply because you were unhappy with the treatment or results you received. The only way the doctor can be sued for medical malpractice is if he or she was negligent in relation to your treatment or diagnosis. You must prove not only that the doctor’s actions or mistake caused you harm, but also that a competent doctor would not have caused such harm.
  • The negligence of the doctor directly caused injury: Most often, medical malpractice cases involve patients who are sick or injured, which results in the question of whether the doctor caused harm due to negligence. In most cases, the patient must have a medical expert witness testify that the doctor indeed caused the injury in question.
  • The injury led to specific damages: There are only specific categories in which a person can sue a doctor for malpractice. The types of harm that fall under those requirements are physical pain, mental anguish, ongoing medical bills, or lost work and wages.

Common Types of Medical Malpractice

Several scenarios can result in a medical malpractice claim, like a surgeon leaving a sponge inside a patient or a doctor failing to disclose certain side-effects of a medication or procedure. Most of these types of claims include the following categories:

  • Failure to diagnose: If a doctor fails to diagnose a patient, and the patient would have experienced a better outcome had the doctor properly diagnosed him or her, the patient has a medical malpractice claim.
  • Improper diagnosis: If a doctor provides a diagnosis for the wrong condition, and the patient would have had a better outcome had the doctor provided a diagnosis for his or her actual condition, the patient has grounds for a medical malpractice claim.
  • Failure to warn a patient of known risks: Doctors must warn patients of specific risks associated with treatment. This is known as the duty of informed consent. If a patient chooses to proceed with a treatment or procedure without a doctor’s warning of specific risks and is harmed from the treatment or procedure, the patient has a medical malpractice claim.

If you are unsure whether your specific case qualifies as medical malpractice, speak with the medical malpractice attorneys at Michigan Legal Center. We can evaluate the facts of your case and take the appropriate steps to get you the compensation you’re entitled to by law. Contact us today for a free case evaluation.

Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

St Joseph, MI – Injuries Result from Wreck on I-94 near Martin Luther King Dr

St Joseph, MI (March 25, 2022) - A major car crash happened on an interstate in St Joseph on the afternoon of March 20. At approximately 5:10 p.m., an unspecified number of vehicles collided on Interstate 94. Reports show the accident happened on I-94 near Martin...

Zeeland, MI – Auto Accident on Fairview Rd at Washington Ave Ends in Injuries

Zeeland, MI (March 25, 2022) - An auto accident happened on the morning of March 25 in Zeeland that resulted in injuries. The wreck occurred shortly after 8:00 a.m., according to reports.  Sources say the collision took place on Fairview Road near Washington...

Paw Paw, MI – Major Car Crash on M-43 between 37th & 40th St

Paw Paw, MI (March 25, 2022) - A motor vehicle accident occurred in Paw Paw on the morning of March 23 that required an emergency response. The incident was reported to authorities in the area at around 12:21 p.m. Various responders were observed at the scene of the...

Romulus, MI – Motor Vehicle Collision Causes Injuries on I-94 near Vining Rd

Romulus, MI (March 25, 2022) - At least one person was hurt in a crash reported in Romulus on March 25. At approximately 12:55 p.m., police were dispatched to the scene of the wreck located on Interstate 94.  Responders including paramedics, fire crews, and...

Holland, MI – Injury Accident on Waverly Rd at 48th St Requires EMT Dispatch

Holland, MI (March 25, 2022) - On the morning of March 25, at approximately 6:55 a.m., a car accident in Holland required an emergency dispatch.  Reports indicate that a vehicle collided with a pole near 48th Street on Waverly Road.  To assist the injured...

Jackson, MI – Serious Car Accident on M-106 near Deweese Rd and Hawkins Rd

Jackson, MI (March 25, 2022) - Police officers in Jackson were dispatched to the scene of a major car crash on Friday, March 25. According to local officials, the collision happened at approximately 4:00 p.m. on M-106. While emergency personnel rendered aid to those...

Detroit, MI – Police Dispatched to Crash Scene on I-96 near Davison St

Detroit, MI (March 25, 2022) - On March 25, at least one person was injured in a car accident in Detroit. The wreck was reported to officials in the area at approximately 10:50 p.m. According to information from reports, the accident occurred on I-96 near Davison...

Wyoming, MI – Major Accident on 28th St near Clyde Park Ave

Wyoming, MI (March 24, 2022) - Highway patrol officers and first responders were called to the scene of a vehicle collision on March 24 on 28th Street in Wyoming. Reports show that an unspecified number of vehicles collided in the area, resulting in the injury of at...

St Clair, MI – Siblings Killed in Wreck on Kinney Rd near Burt Rd

St Clair, MI (March 24, 2022) - A brother and sister were killed in a two-car crash on Thursday, March 24 in Riley Township. The incident was reported north of Interstate 69 on Kinney Road near Burt Road.  Three people were also hospitalized with injuries,...