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Michigan Medical Malpractice Lawyer


How Do I Find A Medical Malpractice Lawyer?

Keep in mind that not all lawyers and law firms are of the same quality. Before selecting an attorney or a firm to represent your interests as a victim of medical malpractice, it is essential you research the reputation of your firm in the community and its overall quality of practice. A majority of our clients are referred to us by both former clients and other law firms throughout the State of Michigan. We believe this speaks volumes about the quality of work provided at Haque Legal and especially our Southfield medical malpractice attorneys. Our goal is to provide the financial resources, experience, and tenacity of a large firm, yet offer the hands-on and personal touch found at a small firm.

At Haque Legal, every client meets the team and how to get in touch with us concerning any questions. We believe there is no substitute for direct attorney-client communications and make every effort to remain accessible to our clients. Further, we have garnered a reputation for aggressive litigation where we have consistently taken cases to trial. Insurance carriers know that there is a bite behind the bark at Haque Legal. Additionally, we have the financial resources to take on the largest insurance carriers and healthcare institutions; while being able to retain the best Southfield personal injury lawyers to illustrate the damages our client has sustained.

We handle a wide array of medical malpractice claims ranging from birth injury/birth trauma to surgical negligence and gross errors made by healthcare providers. Such gross errors include the failure to diagnose pathology or symptoms, improper diagnosis, and negligence in performing medical services.

What is Medical Malpractice?

Medical malpractice refers to professional negligence by a healthcare professional or provider in which the treatment provided was sub-standard, caused harm, resulted in an injury, or resulted in death to a patient.

In the majority of cases, medical malpractice or negligence involves a medical error, possibly in diagnosis, medication dosage, health management, treatment, or aftercare. The error may also have occurred because of something the healthcare professional did not do; this is known as an act of omission.

Our medical malpractice attorneys at Haque Legal have a track record of success with many cases related to medical malpractice, and we plan to continue to add to our list of impressive achievements. We’re proud to represent and defend anyone who is a victim of unfair treatment, ignorance, or negligence. Even if you are not sure if you’ve been wronged; or simply don’t know what to do next, call us. Our proud and respected team will stand with you in your fight to ensure a fair and victorious result.

What Must Be Shown To Prevail In A Medical Malpractice Case?

Here are some of the most important standards that must be met before a court will consider your case arguable. The patient who is opening the case, known as the plaintiff, must be able to prove:

Duty of Care

The healthcare provider or hospital had a legal duty to provide care to the patient. For example, by entering a hospital a patient should be considered owed a duty of care by doctors who have chosen to work for said hospitals as healthcare providers.

Causation

The healthcare provider or hospital did or failed to do any procedure or diagnosis that was either correct or incorrect, resulting in an injury. (See Links in the Chain of Causation). And, how, why, or when doing or failing to do a duty—which would be expected by professionals of the same level of education or title—has caused an injury to the patient.

Strayed from Standard of Care

The healthcare provider or hospital strayed away from the reasonable standard of care. Standard is vague but is decided by comparing the majority of other healthcare providers’ actions and the steps they would take in a similar situation. This is usually determined by the jury and is almost always based on remarkably identical cases. Age, location, previous health records of the patient, family history, and current situation are usually taken into account when deciding the standard operations of care.

The Damage was the Result of Negligence

That physical, monetary, or emotional damage was done, which can be directly correlated to the healthcare provider’s negligence.

Do I Have A Medical Malpractice Case?

The term medical malpractice encompasses an extensive range of acts or failures to act. However, even though many things could be considered medical malpractice, this specific area of law can be tricky. This is because stringent guidelines must be met for a patient to have any chance of proving medical malpractice in court.

Additionally, medical malpractice does not just require legal expertise, but medical knowledge as well. The combination of these two complicated areas adds to the complication of medical malpractice cases, which is why a Haque Legal medical malpractice attorney would be to your benefit.

For this reason, it’s essential to speak with an experienced medical malpractice lawyer about your case before proceeding with what can be an expensive process. Approaching such a complicated area of both law and medicine alone could wind up wasting valuable resources, like time and money.

It should be noted that just because such cases are complicated, that doesn’t mean they are impossible to win. An experienced attorney with the necessary resources at their disposal is more than capable of getting an injured victim the compensation they deserve.

Why are Medical Malpractice Cases so Strict?

The guidelines that must be met are in place to help prevent—or at least deter—false medical malpractice claims. Personal health and well-being can change suddenly and seemingly without cause; it is human nature to want answers and closure. Hospitals, medical professionals, and other figures in the healthcare industry often find themselves being wrongly accused. This has led most states to increase the difficulty of opening a tort case and lower the possible settlement from winning one.

Is a doctor or hospital always responsible for a patient’s injury?

A hospital, doctor, or other health care professional is not liable for all the harm a patient might suffer. They are only legally responsible for harm or injuries that resulted from their deviating from the quality of care that a competent doctor would typically provide in similar situations, and which resulted in damage or injury for the patient.

Expert Witnesses in Medical Malpractice Cases

Medical malpractice cases rely heavily on the testimony of an expert witness who is there to help prove the defendant’s case by giving their expert medical opinion on the situation. The witness must be educated, trained, or have more or equal experience than the at-fault party in the matter being argued to be able to give a reliable opinion.

Michigan has certain guidelines for expert witnesses that are expected by the court to be met before the proceedings can move forward. Before the actual trial, the expert witness will give their testimony to the trial court judge without the jury present. The judge will then decide if their testimony is worthy of being presented to the jury.

Before this initial presentation of testimony to the judge, the defense expert reviews the case. During this period, they look at all the facts about their area of an expert to prepare their opinion on the matter. If the med-mal case is credible, the medical expert will arrive at a differing opinion than the defendant’s expert, or at least raise doubt in the minds of jurors that the defendant’s actions could have caused the injuries or death. Prepare for all of this with a Haque Legal lawyer by your side.

Types of Expert Witnesses in a Medical Malpractice Case

Most reputable personal injury law firms who have tried a significant amount of medical malpractice cases already know medical experts that specialize in different fields and who are themselves experienced in testifying to their knowledge in front of a court. It is one thing to understand your field well; it is another to present that information to a jury and judge while being cross-examined by a hostile defense attorney. As you might expect, the types of things that cause injury or death in a healthcare setting can vary widely. This means that there are many different types of expert witnesses that could be used in a medical malpractice case.

The most common type of expert medical witness is usually a specialist in a specific medical field. For example, if someone were injured during orthopedic surgery, an orthopedic specialist would be the obvious choice to testify about that information. A medical expert witness may also be a Medical Examiner who can attest to the cause of death or the factors that contributed to that victim’s death. They may also be scientists, experts in a related field, or general practitioners who can provide more general concepts like the standard of care.

Types of Medical Malpractice Damages

Depending on the damage incurred, you may be entitled to a certain amount of compensation. However, this compensation is limited (usually termed capped) to a certain amount, which varies from state to state. There are a few different types of damages you can seek due to medical malpractice. (For more details on the subject, see in-depth Medical Malpractice damages).

General Damages: These damages can range from life-altering pain and suffering to future lost earnings due to potential inability to work caused by the injury. For example, if a person was being drafted to the NFL and, as a result of medical malpractice, lost a limb, the potential earnings from the NFL may be sought as general damages. It also covers the general loss of enjoyment of life (known as hedonic damages). These damages are usually asked for and determined by the expert witnesses that testify.

Special Damages: These are specific, calculable expenses like medical bills, lost wages from missed work, calculable future lost earnings from missing work, modifications to the home to compensate for a disability, etc. These damages can be proved by paperwork, receipts, or anything of the like and often require little to no testifying.

Punitive Damages: The damages are separate from general and special damages and seek specifically to punish the doctor or healthcare provider for their actions. They are rare in medical malpractice, but it does happen. Punitive damages are usually reserved for the most extreme of cases in which a provider’s actions were intentionally harmful and deplorable. (For more on medical malpractice punitive damages, see this article from AllLaw.com).

Regardless of the damages caused, Michigan has specific limits for compensation arising out of a medical malpractice case. Though it is growing harder to win a medical malpractice case due to increasingly stricter requirements, it is possible and does happen. You may have some leverage that you’re not even aware of that could be crucial to winning your case, so you need to talk to a Michigan medical malpractice attorney as soon as possible.

Michigan Statutes of Limitations on Med Mal Cases

A “statute of limitations” is a state-imposed deadline on how long the injured party has to file a lawsuit against the healthcare provider.

In Michigan, the injured person, or their family, must begin filing the medical malpractice lawsuit within 2 years of discovering their injury. However, a victim has no more than six years in total from when the malpractice occurred. These restrictions are in place to deal with situations where a person didn’t know they were injured until much later. The time restriction is also meant to protect healthcare providers so they cannot be sued for a surgery they performed 10 years ago, during which time many other circumstances could have contributed.

Michigan does have one exception to this rule, which comes into play if the healthcare provider, surgeon, or doctor intentionally hid their medical malpractice from you. In this situation, the statute of limitations is 6 months from when the injury was discovered.

The statute of limitations for medical malpractice cases does not apply to cases involving minors, as long as they were under 18 at the time of the error or incident.

Pre-Suit Requirements on Statute of Limitations

In Michigan, a person injured by a medical professional is required to notify the health care provider of their intention to sue. This is notification must include an expert witness’s sworn statement on the merits of their med mal claim.

Michigan Statutes of Limitations on Medical Malpractice Cases

A “statute of limitations” is a state-imposed deadline on how long the injured party has to file a lawsuit against the healthcare provider.

In Michigan, the injured person, or their family, must begin filing the medical malpractice lawsuit within 2 years of discovering their injury. However, a victim has no more than six years in total from when the malpractice occurred. These restrictions are in place to deal with situations where a person didn’t know they were injured until much later. The time restriction is also meant to protect healthcare providers so they cannot be sued for a surgery they performed 10 years ago, during which time many other circumstances could have contributed.

Michigan does have one exception to this rule, which comes into play if the healthcare provider, surgeon, or doctor intentionally hid their medical malpractice from you. In this situation, the statute of limitations is 6 months from when the injury was discovered.

The statute of limitations for medical malpractice cases does not apply to cases involving minors, as long as they were under 18 at the time of the error or incident.

Pre-Suit Requirements on Statute of Limitations

In Michigan, a person injured by a medical professional is required to notify the health care provider of their intention to sue. This is notification must include an expert witness’s sworn statement on the merits of their med mal claim.

Why choose Haque Legal Accident Injury Lawyers, MI?

Medical malpractice is seldom intentional. Sometimes, healthcare professionals make personal decisions when trying to solve an issue. For example, a patient may show signs of severe nerve damage and high pain tolerance, so a chiropractor applies more force than usual, causing damage to a patient’s spinal cord and permanent paralysis. While this case is an extreme example meant for illustrative purposes, it’s not out of the realm of possibilities. The worst part is, that chiropractors, even though they had no intention of harming the patient, may end up facing no consequences, charges, limitations, or punishment. It’s usually a double-edged sword. Yes, accidents happen. And perhaps some sympathy for this chiropractor—who never meant to cause such life-changing and possibly life-ending harm—should be expressed. But, NEVER should a patient who has received such damages be ignored because of it.

Here at Haque Legal, our medical malpractice lawyers fight to make things right. It’s unacceptable for a patient to be a victim of real, clear-cut medical malpractice. The last thing people expect is to be injured or made sick while in a hospital to get healthy. If you believe you may be a victim, we can help. There may only be a short window of opportunity for you to pursue your case, so don’t wait any longer. Our experienced medical malpractice attorneys are ready to fight to get you the compensation you deserve.

We have represented medical malpractice victims who have suffered the following injuries as a result of negligence by a physician or medical provider:

  • Birth trauma or negligence during delivery, resulting in cerebral palsy.
  • Brachial plexus injury caused by errors made during the birth delivery process.
  • Broken bones and permanent nerve damage caused by a surgeon’s negligence.
  • Post-operative infections or surgical site infections as a result of negligence by either a surgeon, surgical staff under the surgeon’s supervision, or a healthcare provider.

Contact Haque Legal Accident Injury Lawyers, MI

Our firm focuses on personal injury law, representing many practice areas, including those who have been a victim of medical malpractice, car or motorcycle accidents, wrongful death, traumatic brain injury, slip and fall accidents, distracted or drunk driving, and many more. At Haque Legal, we’re on your side. Being home to a diverse set of professionals with various backgrounds and life experiences makes having Haque Legal fighting for you a wise choice. We also provide an essential gateway for success by providing our clients with real relationships and connections. We’ve been ‘in it to win it,’ and we hope you are as well. Contact us today at (248) 996-9954 for your free consultation.