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Michigan Medical Malpractice Lawyer

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Michigan medical malpractice lawyers are available to assist any patient who feels he or she has been a victim of medical error or omission carried out by a professional health care provider. Any Michigan medical malpractice lawyer attorney will tell you that if you think you are a victim, certain steps must be taken to ensure that you are protected. Chief among those steps is obtaining copies of all your medical records, and reporting any injury or illness you think has resulted from a procedure, subscription, or therapy administered in a professional capacity. Very often, not all this information can be found from one source; outpatient records are filed by private practicing medical practitioners, while records of hospital-based medical services such as surgery and laboratory tests are usually found in the hospital records. It is important to know where to find all the records pertaining to one's medical history.

Michigan medical malpractice attorneys will advise you that, whether you have a valid case or not, it is important to have all the medical information available. If you decide to consult a Michigan medical malpractice lawyer, having all documents will be needed for the lawyer to determine whether there is a case of medical malpractice or not. Once negligence is established, a medical malpractice lawyer will know how to go about presenting a valid case.

It should also be noted that a patient has every right to have access to his or her own medical records, regardless of the circumstances. Any Michigan medical malpractice lawyer will inform you of this right and, if necessary, can help you in ensuring that you are given access to all your medical records.

Even in cases where medical malpractice is not initially apparent, it is still important to keep copies of your medical records. These medical records may serve as a personal copy of your medical history, which you may show to other medical practitioners in case you switch doctors or wish to get a second opinion. Aside from this, many cases of malpractice may not be discovered early on, but will resurface somewhere down the line. If this occurs, having copies of your medical records saves you the trouble of having to request copies long after your last medical case.

In Michigan, a medical malpractice suit has to be filed within two years of the omission or act that is the basis for the claim. Also, it has to be brought up within six months after a person discovers, or should have discovered, the existence of the claim, as long as it is within six years after the specific act or omission. The amount of damages that can be awarded caps at $280,000, unless it involves paralysis because of a brain or spinal cord injury, loss of reproductive ability, or the impairment of cognitive capacity, wherein it caps at $500,000. These amounts change year to year in relation to inflation and the costs of living.

There are specific elements in a medical malpractice case that have to be brought forth in order to have a case work. They have to show that a duty was owed, meaning that there is a legal duty that exists whenever a health care provider or hospital engages in the care or treatment of a person. Showing that the duty was breached is important, because a breach can show that the provider did not conform to the standard of care that is relevant to their case. This is often proven by an expert testimony or by obvious errors. One has to show that the breach caused an injury, and what the specific damages are. If there are no damages, then there is no basis for a claim, even if the medical provider was negligent.

As evident, there are many formalities and complex procedures involved in a medical malpractice case, but hiring a qualified medical malpractice attorney in Michigan can help in a variety of ways.