An experienced medical malpractice attorney in Michigan must show that medical malpractice has occurred when a patient is harmed by a doctor, surgeon, nurse, or other medical professional who fails to competently perform his or her medical duties.
In Michigan, medical malpractice law requires that a patient’s attorney give notice of a lawsuit to the responsible physician, surgeon, nurse, clinic, or hospital. This is a letter that states the issue and the reason the patient is bringing a lawsuit. This notice gives the Defendant the opportunity to prepare their defense before a lawsuit is filed.
In addition, another important requirement in the filing of a medical malpractice lawsuit in Michigan is that the patient must submit an affidavit of merit with the lawsuit complaint. This states that the case has been reviewed and endorsed by a health care professional qualified under state law.
In addition, here are the basics that apply to most medical malpractice cases that can help you determine if you have a medical malpractice case.
What are Some of the Basic Signs that I May Have a Medical Malpractice Case?
There are some signs that a patient may have a medical malpractice action. Some very apparent signs are:
A physician must explain those risks and benefits of treatment that are foreseeable, but they aren’t required to describe highly unusual risks. However, when a patient has a highly unusual outcome after treatment, it may be a sign that a mistake occurred.
You are Informed of a Mistake
The Agency for Healthcare Research and Quality has created a program called CANDOR (Communication and Optimal Resolution) as a way for hospitals and health care providers to address medical errors. The principles of CANDOR are:
The goals of CANDOR are worthwhile, but most healthcare providers don’t use it. Most hospitals won’t admit when the organization or its staff made an error.
Most importantly, even if a physician is honest about mistakes, a patient who has suffered actual harm should speak to an experienced Michigan personal injury attorney.
What Must be Proved in a Medical Malpractice Claim?
What are the Most Common Types of Medical Malpractice?
There are many circumstances that can lead to a medical malpractice claim. However, the majority of medical malpractice claims in Michigan are in one of these categories:
Failure to Communicate or Act on Abnormal Test Results
More than 7% of abnormal test results are never reported to the patient. Patients cannot assume test results are normal because they never hear from the healthcare provider. Lack of notification or abnormal test results can lead to a missed diagnosis or delay in treatment, endangering the patient. When a patient suffers injury because an abnormal test result is not reported, a medical error has occurred.
Medication Errors – i.e., Overdose
Common medication errors are:
Patients can often avoid injury by medication error by being educated: awareness of what you are taking, how much you are taking, and what you cannot take.
Early Discharge and Repeated Medical Visits Without Diagnosis
Hospital patients are often anxious and chaos and urgency in the emergency department overwhelm. Sometimes the chaos affects healthcare provider decision making and result in premature discharge. A health care facility or provider will discharge a patient before he or she is medically stable. When a patient must be readmitted or suffers injury because of early discharge, a medical error has occurred.
Patients undergo surgery to improve or fix a medical complication. When a surgeon errs during an operation, it is a surgical error. Common surgical errors include:
When a medical provider fails to properly respond to a patient’s serious symptom, this is failure to monitor. This may include failure to monitor a patient’s vital signs, failure to communicate an important change to a physician, failure to recognize and respond to signs of distress, etc. Failure to monitor accounts for several medical injuries and situations. Failure to monitor can apply to physiological monitoring, such as neonatal monitoring or monitoring of vital signs during a medical procedure. Monitoring call also apply to the study of patient’s postoperative recovery. There are different ways in which medical providers can fail to properly monitor. Some common failures to monitor include:
If you or a loved one has suffered harm due to an injury or complication you believe was an error by the physician, surgeon, or hospital, contact an experienced medical malpractice attorney at Buchanan Firm in Michigan for a free consultation. We can discuss your situation if you believe you’ve been injured as the result of medical malpractice and determine if a you have a meritorious claim.
Our firm proudly serves people all across Michigan, including major cities like Grand Rapids, Detroit, Dearborn, Lansing, Ann Arbor, Kalamazoo, Wyoming, Pontiac, Kentwood, or Waterford, and rural towns such as Lowell, Ada, Fremont, Cascade, Grant, Ionia, Fruitport, Big Rapids, or Three Rivers. We will meet you after-hours, at home or in the hospital to accommodate you.
Contact us today!