Michigan Medical Negligence Lawyer. Michigan Medical Negligence Attorney.

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Medical Negligence

Medical negligence is often referred to as medical malpractice. Medical negligence is a form of professional negligence where an injury results from the failure of a medical professional or medical facility (i.e., doctor, nurse, medical technician, psychiatrist, hospital, or healthcare facility) to exercise adequate care, skill, or diligence in performing a duty. The determination of whether a duty of care is met depends upon the standard of care for that medical professional or healthcare facility in their Michigan community. In other words, the applicable duty arises from the accepted practices of other medical professionals or healthcare facilities in the same field and geographical area. In the case of a doctor or surgeon who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the Michigan community.

Some of the most common types of medical negligence in Michigan include:

  • Birth Injury
  • Cerebral Palsy
  • Missed Diagnosis
  • Surgical Complications
  • Delay in Diagnosis
  • Medication Errors
  • Medication Overdose
  • Emergency Room Errors
  • Early or Premature Discharge
  • Anesthesia Errors
  • Infectious Diseases
  • Spinal Cord Injuries
  • Nursing Home Accidents
  • Wrongful Death
It is important to remember that the duty of a medical professional is not the duty to cure, or even to guarantee a good outcome from treatment. Medical negligence does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis.A misdiagnosis becomes medical negligence or malpractice, however, if the doctor fails to get a medical history, order the appropriate tests, or recognize observable symptoms of the illness. In Michigan, legal action involving medical negligence may be brought against any member of a state licensed profession, or person holding himself out to be a member of a state licensed profession. M.C.L. § 600.2912. In addition to doctors and surgeons, the Michigan Legislature has expanded the scope of those health care professionals against whom a medical negligence claim may be brought. M.C.L. § 600.5838. In a medical malpractice case, the plaintiff (i.e., patient) bears the burden of proving: (1) the applicable standard of care; (2) breach of that standard by the defendant; (3) an injury; and (4) proximate causation between the alleged breach and the injury. Wischmeyer v. Schanz, 449 Mich. 469, 484; 536 N.W.2d 760 (1995); M.C.L. § 600.2912a.

OTHER MEDICAL MALPRACTICE FOCUS AREAS

BIRTH INJURY
Birth injury is sustained during the birthing process and can result in damaged nerves, broken bones, or brain injury.
CEREBRAL PALSY
Cerebral palsy is a permanent movement disorder that can be caused by damage to a child's developing brain during the birthing process.
SURGICAL COMPLICATIONS
Complications after surgery can be a result of a surgeon's negligent conduct.
MISSED DIAGNOSIS
A missed diagnosis often means a delay in proper treatment, often with devastating consequences, especially in cancer cases.
MEDICAL NEGLIGENCE
When a healthcare provider, in acting or failing to act does not comply with the standard of care in the pertinent medical field.
HOSPITAL LIABILITY
Many serious claims for medical malpractice arise from procedures and treatment given to patients in hospitals.
INFORMED CONSENT
A doctor must adequately inform a patient of diagnosis, nature and purpose of treatment, and benefits and risks of procedures.
ESTABLISHING A DUTY OF MEDICAL CARE
Doctors and healthcare providers are not automatically required to treat or provide care to everyone they meet.
Buchanan & Buchanan, P.L.C.
171 Monroe Ave. N.W. Suite 750
Grand Rapids, MI 49503
voice: (616) 458.2464
toll free: 1-800-272-4080
fax: (616) 458.0608
email: mail@buchananfirm.com