Doctors, surgeons, hospitals, and other medical providers in Grand Rapids intend to help patients feel better. However, doctors can do more harm than good if they ignore their patients’ symptoms or perform treatments and procedures carelessly. As a result, affected patients can face a slew of negative consequences.
At Giroux Pappas Trial Attorneys, we believe these providers need to be held accountable for the pain and injuries they cause. If you’ve been harmed due to the negligence of a trusted healthcare provider, you may be able to file a medical malpractice claim and seek damages.
Defining Medical Malpractice
Around one-third of physicians (some 34%) are sued for malpractice at some point in their careers, according to data from the American Medical Association.
All malpractice suits have a common element: they claim that a medical professional failed to provide a patient with reasonable medical care. As a result of this substandard care, the patient suffered harm and deserves compensation.
Whether malpractice occurred depends less on the outcome of treatment than on the quality of the care provided. No doctor can guarantee that a given treatment or procedure will be successful. Just because a patient doesn’t recover as expected or experiences a complication doesn’t necessarily mean malpractice has occurred.
However, your doctor can control the quality of care they give you. Any complications, worsening conditions, or other negative effects are worth looking into. If they’re found to be the result of your doctor’s carelessness or recklessness, you have the right to pursue compensation through a malpractice case.
Examples of Medical Malpractice in Grand Rapids
Medical malpractice can take many forms. The following is an incomplete list of situations that can be indicative of malpractice:
- Failing to diagnose cancer or another disease in a timely fashion
- Misdiagnosing a condition
- Not obtaining informed consent before starting treatment
- Using an untested course of treatment or prescribing medicines “off-label”
- Carelessly performing surgeries or procedures
Doctors aren’t the only medical professionals who can commit malpractice. Dentists, pharmacists, and nurses are just a few examples of others who can harm patients by performing their jobs negligently. These professionals can also be liable for malpractice when their careless actions result in injuries or other losses.
The Medical Standard of Care
The reasonableness of a medical professional’s advice and treatment is determined by considering the standard of care. This refers to the treatment you would expect to receive from a reasonably competent medical provider.
The standard of care takes into account your professional’s:
- Education, background, and specialty
- Years on the job
- Access to information about your condition
- Ability to use medical tools and equipment
One of the first things your Grand Rapids medical malpractice lawyer from Giroux Pappas Trial Attorneys will do is look at what happened to you in light of the standard of care. Doing so will allow them to give you an informed opinion as to your legal rights and whether you should file for medical malpractice.
A considerable amount of information must be examined to determine whether you have a valid medical malpractice claim. The skilled attorneys and litigators at Giroux Pappas Trial Attorneys will use their knowledge and resources to help you understand and assert your rights.
Contact us today to arrange a comprehensive case evaluation.
Damages Available in Grand Rapids Medical Malpractice Cases
The compensation you’re entitled to as part of your medical malpractice claim depends on the facts of your situation. Any compensation you receive is meant to address the losses and hardships you’ve experienced because of your healthcare provider’s negligence. You might use this compensation to address the following:
- Medical bills, including follow-up and ongoing care
- Additional evaluations to determine your next course of treatment
- The value of the time you’ve missed from work
- Any decrease in your chance of surviving or recovering from your condition
- Reduction in your quality of life
In Michigan, non-economic damages for pain, suffering, or other intangible losses are subject to one of two caps. In most cases, you can receive no more than $569,000 for these losses. If you were paralyzed or suffered some other listed catastrophic injury, your non-economic damages are limited to $1,016,000.
Our knowledgeable malpractice lawyers serving Grand Rapids know how important financial restitution is to our clients. We’ll take the time to understand the full financial and emotional impacts of your injuries. We’ll then pursue fair and adequate compensation through settlement negotiations or a trial, if necessary.
Medical Malpractice Settlements vs. Trials
When you file a medical malpractice claim against a healthcare provider, you stand to receive compensation either through a settlement or a verdict. Most cases settle outside of court; the relatively small number that don’t proceed to trial. Here’s what you should know about each scenario.
Settlements
A settlement is an agreement between you and the medical provider’s malpractice insurer. The insurer agrees to pay you a sum of money, and in return, you agree not to pursue any additional compensation against them. In many settlements, the provider doesn’t publicly admit to any wrongdoing or malpractice.
Settlements can be very helpful in that they can provide compensation quickly. They also do away with the need for a trial, which can be time-consuming and risky. That being said, it’s important to ensure that the amount of compensation you agree to in your settlement is enough to compensate you sufficiently for your losses.
Trials
If your claim goes to trial, you and your attorney will need to present evidence showing that your provider committed malpractice and that their error was the cause of your injuries. You must also demonstrate that the amount of compensation you’re seeking is warranted by producing invoices, treatment plans, and other evidence.
Because of the amount of damages involved, most medical malpractice cases are heard before the 17th Circuit Court in Grand Rapids. Cases involving damages of less than $25,000 may go through the 61st District Court.
The amount of compensation you can receive at trial tends to be greater than what you would get through a settlement. However, trials come with certain risks. The judge or jury hearing your case may not agree that you experienced malpractice, or they may decide that the amount of compensation you’re requesting is inappropriate.
Giroux Pappas Trial Attorneys has helped numerous clients in Grand Rapids successfully navigate their medical malpractice cases, and we’re ready to help you as well. As your case progresses, we’ll go over your options with you and help you make an informed decision about how best to resolve your case.
Scheduling a free, confidential consultation is the first step toward receiving compensation for malpractice. Call our office today to set yours up.
Time Limits for Seeking Compensation
Michigan law gives you two years from when you were harmed to file a malpractice claim. This period begins on the date you discover the injury or should have discovered it if you didn’t initially have any reason to believe your doctor injured you. It’s imperative that you keep this deadline in mind and seek legal counsel promptly.
Consult a Grand Rapids Medical Malpractice Attorney Today
If a careless medical error has impacted your life, there are steps you can take to protect your rights and get the financial help you need. Contact us today to schedule a free consultation with an experienced medical malpractice lawyer.