Medical Negligence

Medical negligence is often referred to as medical malpractice, a form of negligence where an injury results from the failure of a medical professional or medical facility (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 professional or facility in their community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community.

Some of the most common types of medical malpractice include:

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 can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care. 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 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.

Medical negligence claims are subject to statute of limitation. M.C.L. § 600.5838a. If you or a loved one has been injured as a result of possible medical negligence, call Buchanan & Buchanan, P.L.C. now at: 800-272-4080 or use the contact form on the left hand side of this page. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

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Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist hospital or healthcare facility) to exercise adequate care, skill or diligence in performing a duty.

Related Information

• Types of Malpractice
• Delayed Cancer Diagnosis
• Duty of Care
• Causation
• Damages
• Surgical Complications
• Doctor/Patient Confidentiality
• Hospital Cases
• Informed Consent