Michigan Medical Malpractice Lawyers | Proving Medical Malpractice

Daniel Buckfire

Contributor

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Medical malpractice cases are some of the most difficult cases, both for a plaintiff to prevail in and for a lawyer to prepare for. They are always extremely complicated and require a lawyer who is able to understand the reasons you originally sought medical treatment, what the proper treatment would consist of, and the ways in which the defendant deviated from that proper treatment. And your lawyer must be able to explain all of that to a judge or jury. Those are just some of the reasons that it is so important to have an experienced attorney handling your medical malpractice case.

To prevail in a medical malpractice case, a plaintiff must prove that a doctor, hospital, or health care agency deviated so far from the accepted standard of care for diagnosis and treatment that the law considers the deviation to be negligent. This means that the error must have been serious and have caused you serious harm. The case will have to be proven through the use of expert testimony, which means another doctor with the same type of practice must be willing to testify under oath that your treatment violated what would be considered an acceptable level of care.

In addition to proving there was a preventable error or negligent care which deviates from an acceptable standard of care, the plaintiff must show that this error caused them to suffer harm. This has to be shown through a patient’s medical records. Patients have to be willing to have their lawyer examine their entire medical history and make that information available to the defendant’s lawyers and the court. Patients will have to be completely honest about a lot of very personal information and they should know that at the beginning.

Finally, it is important to know that Michigan has a law which limits damage awards in medical malpractice cases. The maximum amount you can recover for non-economic damages like compensation for the pain you felt or for having a permanent scar is fixed at a level that increases slightly each year. This law is ridiculous since it limits damages for people who have been very seriously injured and does nothing to eliminate “frivolous lawsuits” like its proponents claim, but as long as that is the law, it will continue to affect your medical malpractice case. The one good thing is that there is no limit for economic damages like lost wages, decreased earning capacity, or your medical expenses, which means you can recover the full amount you are entitled to.

If you would like more information about your rights in a medical malpractice case, you can order our FREE book “The Ultimate Michigan Medical Malpractice Handbook” by clicking on the book title. We will send it out immediately along with other important information.

For more information about Michigan medical malpractice cases, visit our law firm web site at www.BuckfireLaw.com If you would like to speak with one of our Michigan medical malpractice attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.