Have you or a loved one been injured or suffered death as a result of medical negligence?
When a health care provider makes a mistake, the ramifications can be catastrophic for patients and their families.
The good news is that if you or a loved one has suffered harm due to the malpractice of a medical professional, you may have a right to sue for compensation.
Giroux Pappas Trial Attorneys, formerly known as Giroux Trial Attorneys, has taken on hundreds of medical malpractice cases in Michigan. Keep reading to learn more about medical malpractice and how our firm can help you, or contact us today to schedule a free consultation.
In order to understand medical malpractice, it’s important to know that, in every medical situation, there is a standard of treatment that must be met by health care providers. When that standard is not met and a patient suffers because of it, the patient can bring a medical malpractice claim.
Many such cases occur in the operating room. However, medical malpractice can also occur at the diagnostic level of care: misinterpreting CT scans or x-rays, for example. Pharmacists, dentists, oral surgeons, anesthesiologists, obstetricians, nurses, psychiatrists, and other types of medical professionals can likewise be found liable for malpractice in their respective fields.
When a patient suffers injury or death during or after medical treatment, a patient (or their family) can inquire whether a substandard level of care was provided. If medical malpractice liability is found, the patient or their family may recover compensation for their injuries (including wrongful death), including economic and non-economic losses. Deciding whether to pursue a legal remedy after a negative medical outcome can be difficult. The physical and emotional tolls of a serious medical condition are always considered, and when you add to this the weight of a serious legal case, the effect can be overwhelming.
Medical malpractice can happen at virtually any stage of medical care. Common instances of medical malpractice include:
Medical malpractice is not uncommon in the United States today. In fact, according to John Hopkins University, it was the third leading cause of death in the United States in 2016.
In Michigan, there are many examples of medical malpractice that may justify a lawsuit.
Generally speaking, most medical malpractice cases will likely fall into one of the following three categories:
There are serious consequences when a condition goes undiagnosed or misdiagnosed. In many cases, prompt and accurate diagnosis can save lives. If a health care provider misses an obvious diagnosis or does not diagnose a condition that other providers later identify, this could be the basis for a medical malpractice lawsuit.
When a health care provider recommends a certain treatment or surgery for a patient, they must also advise that patient of all of the known risks associated with the treatment or surgery. If a provider fails to do this, and a patient suffers such harm due to the treatment or surgery, the provider can be liable because the patient may well have declined the procedure or care had they known the risks ahead of time.
There are two possible scenarios here. First, a medical professional may deliver the proper treatment, but may do so in a poor or negligent manner (that fails to meet the requisite standard of care). Next, a medical professional may not deliver the proper treatment, instead choosing to ignore a serious issue altogether or to follow a course of action that no medical professional operating within the requisite standard of care would choose.
To learn more about medical malpractice law in Michigan, read our Basics of Medical Malpractice blog post.
Yes, you can sue a hospital, medical office, or individual provider for medical negligence. Doing so, however, is a significant undertaking. There are complicated and confusing legal steps that must be followed to move forward with a medical malpractice case. Having experienced and trusted attorneys on your side is crucial.
There are several instances where a person may not be able to file a claim on their own. They may be minors, incapacitated, or have passed away. Thankfully, someone else may file the claim for that individual. Typically, spouses, parents and children may be able to file a suit for their loved one.
In most medical malpractice claims, the statute of limitations is two years from the date of the negligent medical service (diagnosis, surgery, or treatment) from which to file your malpractice claim. However, there are some exceptions. Read this blog post to learn more.
Standard of care refers to the level of care that any patient should reasonably be able to expect at the hands of competent health care professionals. It is measured by considering the standard of care that another health care professional of similar experience and educational background would provide in the same medical community in a similar situation that resulted in the medical error or negligence.
Your medical malpractice attorney will need to review medical files. However, the specific records you need may depend on your case. Your attorney will better advise you on which ones they need to see, but a general rule of thumb is to ask for all medical records related to the case.
When looking for a medical malpractice attorney, you need to ask these three important questions:
1. Is the lawyer well-versed in medicine?
2. Is the person a good lawyer, meaning does he or she understand the laws unique to medical malpractice?
3. Does the lawyer have experience going to trial in such cases?
It’s always necessary to thoroughly research any lawyer before hiring them. If he or she doesn’t handle medical malpractice as a significant part of the practice, or has not had many trials in medical malpractice cases, then the lawyer is not qualified to handle your case.
Giroux Pappas Trial Attorneys handles claims for clients across Michigan.
Giroux Pappas Trial Attorneys, formerly known as Giroux Trial Attorneys, prosecutes all types of medical malpractice claims in Michigan, and have even helped past clients win multimillion dollar settlements.
Whether your claim is against a surgeon, doctor, physician assistant, nurse practitioner, registered nurse, midwife, or another medical or health care provider, we will investigate your case.
Our firm has been nationally recognized by the U.S. News (Best Lawyers & Best Law Firms), Martindale-Hubbell (2022 AV-rated for Ethical Standards & Legal Ability), and dBusiness (Top Lawyer). Additionally, we’re proud members of the Litigation and Negligence sections of the Michigan State Bar Association, the American Association for Justice, the Michigan Association for Justice, and the Oakland County Bar Association.
If you’re within our service area, contact Giroux Pappas Trial Attorneys today to request a free case evaluation and consultation.
Speak with one of our representatives, or complete the case assessment form below, so we can learn more about your situation.
Our team will thoroughly review your case, and provide more information on the strength of your case.
We will fight your case, and do everything we can to win, even if we need to take the case to trial, because that’s why we believe in Pure Law.
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