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We trust doctors and medical professionals to have our best interests in mind. Unfortunately, not all healthcare professionals provide quality care to all of their patients. If you were injured due to a medical provider’s negligence, you may have a medical malpractice lawsuit on your hands.
Medical malpractice cases provide compensation to injured victims. An experienced medical malpractice lawyer on our team can help you gather evidence of the negligence that caused your injury so you can hold doctors, hospital staff, and other professionals accountable for what you went through.
At Ratton Law Group PC, we are committed to advocating for medical malpractice victims until they get the compensation they deserve. If you or someone you love was the victim of negligence, our team is here to provide legal services and walk you through your case from beginning to end. Don’t feel like you must go through this alone. Contact our law office today by calling (313) 631-0502.
What is Medical Malpractice?
Medical professionals are required to give all patients the same level of care. When a healthcare provider neglects to meet that standard of care, it can result in illness or injuries. Medical malpractice cases must be proven by showing that another healthcare provider would have offered different treatment under similar or the same circumstances. Medical malpractice is not simply when a healthcare professional makes a mistake.
If you have encountered any of the following, you likely have a medical malpractice claim:
- Cancer misdiagnosis
- Dangerous drugs
- Anesthesia complications
- Surgical mistakes
- Failure to diagnose
- Defective medical devices
- Emergency room errors
- Nursing home abuse or neglect
- Traumatic brain injuries
- Medication errors
- Pharmaceutical errors
- Unprofessional conduct
- Wrongful death
Medical malpractice cases are complex. The best way to know if you have a claim is to talk to a medical malpractice lawyer on our team. We can examine the evidence in your case and learn more about what happened to you to understand your legal options. Contact our office today if you’d like to learn more about medical malpractice.
How Do You Prove Medical Malpractice?
A bad result or a medical error is not enough to prove a medical malpractice case. To win a lawsuit, you must provide evidence of negligent medical care that caused you damages and injuries.
Under Michigan law, you must provide the following evidence to prove negligence:
- A doctor-patient relationship has been established
- The care provided was below the accepted standard
- The negligent care caused harm, injury, or death
- The patient (or their estate) suffered harm as a result of the malpractice, which can include lost wages, medical expenses, disability, and more
If you can provide evidence of all these factors, it is likely that you will have a favorable outcome in your medical malpractice claim. Hospitals and doctors often keep lawyers on retainer to specifically defend against medical malpractice cases. If you are pursuing a lawsuit, it is essential to have a team of medical malpractice lawyers on your side to fight for you and advocate for your compensation.
What Kind of Compensation Can You Receive in a Medical Malpractice Case?
When you win a medical malpractice case, you are often awarded compensation. Compensation is given to victims who have suffered economic or non-economic damages. Your compensation will vary greatly depending on the nature of your damages and how permanently you were injured.
Many victims request compensation for the following:
Medical Expenses
The medical bills from an injury can add up to thousands of dollars. Medical bills may include hospital visits, surgeries, medications, rehabilitation, and more. You can request compensation for past, present, and future medical care related to your injuries.
Lost Wages
If you suffer a severe injury, it’s likely that you’ll have to take time off work for your recovery. You may also be unable to return to work or perform the regular job duties you used to do. In your suit, you can recover compensation for any lost wages and lost income.
Pain and Suffering
General pain and suffering covers emotional distress and mental anguish along with physical pain. This non-economic damage depends on how severely you were injured and how long-term the injury is expected to be. The more severe the injury is, the more you can claim pain and suffering.
What is the Statute of Limitations for a Medical Malpractice Case?
Like all personal injury cases, medical malpractice suits are subject to a statute of limitations. Once the statute of limitations has expired, you will no longer be able to seek compensation in court.
In Michigan, there are different statutes for different medical malpractice claims:
General Medical Malpractice
In most cases, you have two years from the date of the malpractice. If you did not discover the injury until later, you have six months from the date the injury was discovered.
Minors Under Eight
For minors under eight years old, they have until their tenth birthday or two years from the date of the injury, whichever gives the victim more time.
How Does an Attorney Build a Medical Malpractice Case?
Building a strong medical malpractice case means gathering evidence to prove negligence. You may not always get the exact outcome you want after a medical treatment. However, you are always entitled to a certain standard of care from healthcare providers.
First, our team will ask you what happened and listen to your experience. We will then have our nurses on staff examine your medical records and look at additional evidence, like witness testimonies. Based on the facts and the evidence you can provide, we’ll tell you whether or not you have a valid medical malpractice case.
Then, we will start building a claim to present in court. Many different factors need to be proven in a medical malpractice claim. These types of lawsuits are some of the most complex under personal injury law, which is why it’s essential to work with our Detroit medical malpractice lawyers.
We will gather evidence to prove the following:
- Duty of Care: All doctors and healthcare professionals have a duty to provide reasonable care to patients. They are responsible for treating your illness or injury to the best of their abilities. The first step is to establish that you had created a relationship that necessitated this duty of care
- Breach of Duty: When your doctor fails to provide reasonable care, they have breached their duty. The level of medical care and attention needed is described by the Michigan Board of Medicine
- Injury: When a doctor behaves recklessly or negligently, it can cause injury. Your medical records can be used to prove that you suffered injuries during this time
- Injury Caused by Breach of Duty: Not only do we need to prove that an injury occurred, but we must provide evidence that the injury was a direct result of negligence. Once that relationship is established, we can pursue compensation on your behalf
We will always attempt to get you the maximum compensation to cover all of your injuries and ailments. First, we will pursue compensation through an insurance company. If the insurance company doesn’t provide ample compensation, we can then pursue your case in court. Our attorneys will always examine all of your legal options to get you the outcome you deserve.
What Does a Medical Malpractice Attorney Do?
Medical malpractice claims are complex; in fact, they are some of the most complicated personal injury lawsuits you can pursue. Proving negligence can be difficult, especially when the evidence you rely on is complex medical documentation. Our attorneys are experienced in Michigan medical malpractice cases, and we are confident we can get you the compensation you need.
There are many challenges our team will help you with throughout your case, including:
Proving the Elements of Negligence
Proving negligence is an essential component of medical malpractice cases. Without negligence, you don’t have a personal injury claim to pursue. We will establish negligence by gathering extensive evidence and using medical testimonies to bolster your claim.
Examining Medical Records
Your medical records are a key piece of evidence in a medical malpractice case. Once you work with us, we will use our experience to pick out the pieces of your medical record that are most helpful to your claim.
Working With Medical Professionals
Due to the complex nature of medical malpractice claims, it’s often helpful to have a medical professional who can explain complicated or niche terms. Our team will work with healthcare professionals to get their testimonies and help with your case. We also have nurses on staff who will review your medical records.
Negotiating With Insurance Companies
Insurance companies are often the first party we approach to recover compensation. However, not all insurance companies will give you what you deserve for your injuries. If an insurance company drags its feet or offers you a small amount of compensation, our team will talk to them on your behalf.
Submitting Paperwork Within Your Legal Timeframe
Medical malpractice cases have strict deadlines that you must adhere to. Missing a deadline or filing paperwork incorrectly can lead to losing money. We will track all your deadlines for you to ensure that you receive the compensation you are owed.
Will My Case Go to Trial?
Many victims are worried about the time and effort they’d have to dedicate to a lawsuit. While going to trial is always a possibility, the good news is that many medical malpractice claims are settled outside of court.
In most cases, it’s cheaper and easier for insurance companies and other parties to offer a settlement without going to trial. Our team is always prepared to explore your legal avenues and get the maximum compensation in your case. Settling a claim outside of court saves you time and money.
Do You Need a Personal Injury Attorney?
Being injured by a healthcare professional can leave you with lasting damages and problems. Medical malpractice claims are complex, but they lead to compensation for your medical bills, pain and suffering, emotional distress, and more. By working with a team of medical malpractice lawyers, you can hold your doctor or healthcare providers accountable for what you have gone through.
Ratton Law Group PC is here to assist you with your medical malpractice case from beginning to end. With our extensive experience in personal injury law, we are confident we can get you the outcome you deserve. For more information and to receive a free consultation about your case, please call (313) 631-0502.