Medical Malpractice Attorneys in Detroit, Michigan
Doctors and healthcare providers are qualified professionals; however, they are also humans who make mistakes. Sometimes, those mistakes are minor, but they can also be more serious, especially when the healthcare provider neglects to perform their duty of care.
When a medical professional makes a mistake that causes harm, they should be held accountable. If a healthcare provider has mishandled your treatment, you may be able to pursue legal action against him or her for medical negligence or medical malpractice.
At Ratton Law Group PC, we are dedicated to standing with you during challenging times. We bring our unique combination of both medical and legal training to your case, applying our experience in nursing to your situation. We will fight for you while treating you with compassion. Ratton Law Group PC proudly represents clients in Detroit, Michigan, and the nearby areas.
Medical Malpractice in Michigan
Under Michigan law, medical malpractice is when a health professional breaches the standard of practice or duty of care, either by taking an action that is not within the standards, or by not taking an action within the standards, and that breach leads to an injury to the patient.
Examples of Medical Malpractice
Medical malpractice can happen in several different ways. When a doctor or other healthcare professional gives a misdiagnosis, that could endanger the patient’s health and is medical negligence.
An incorrect prescription is another common type of medical malpractice, as is a surgical error. Both of these mistakes have the potential to seriously damage the patient’s health.
Lastly, negligence in care, or not providing a certain standard of care, is another common type of medical malpractice.
Statute of Limitations
The statute of limitations is the deadline after which a case can no longer be brought to court. Under Michigan law, the statute of limitations for a medical malpractice case is two years after the date when the medical error was committed. Once two years have passed, you will no longer be able to bring a lawsuit against the healthcare provider.
Who Can Be Sued for Medical Malpractice?
Any healthcare professional who has failed to perform their duty of care can be sued. The law is not limited to doctors. The healthcare provider who acted outside their duty of care or who failed to act can be sued for medical malpractice.
Affidavit of Merit From a
Qualified Healthcare Provider
One important piece of a medical malpractice case is a document known as the affidavit of merit from a qualified healthcare provider. An experienced medical malpractice attorney can help you secure this document.
The first step is to find a medical professional who is in the same specialty as the healthcare provider who committed the medical error. The medical professional must state that your healthcare provider failed to meet the duty of care standard when treating you, what they should have done instead, and how their actions caused your injury.
Basic Elements of a Claim
There are four basic elements of a medical malpractice claim, which are:
1. There was a healthcare provider-patient relationship.
2. The healthcare provider was negligent.
3. That negligence caused the patient’s injury.
4. The injury caused damage to the patient’s life.
Compensation for damages can be awarded in a medical negligence or medical malpractice lawsuit. In Michigan, there is no limit on how much a patient could receive for economic damages, such as medical bills, lost income, and other losses which can be measured financially.
However, there is a limit to the amount of non-economic damages a patient can be awarded. Non-economic damages include pain and suffering, stress, anxiety, loss of enjoyment of life, and other damages that are difficult to measure. An experienced medical malpractice attorney can help you learn more about this limit and how it would apply in your case.
Medical Malpractice Attorneys in Detroit, MI
No patient expects a medical professional to break their trust. Yet, mistakes do happen, and they can lead to injuries with serious consequences. At Ratton Law Group PC, we focus on helping our clients get the compensation they deserve after being affected by a medical professional’s error. We are proud to represent clients in Detroit, Michigan, and the nearby areas. Contact us today to schedule your free consultation.