Medical Malpractice Attorney in Michigan
If you were injured during a medical procedure or developed an illness after undergoing medical treatment, you may be able to file a claim for compensation. Talking to an experienced Michigan medical malpractice attorney about what happened could be an important step as you consider possible legal options.
The medical malpractice attorneys at Jay Trucks & Associates, PC have vast experience representing Michigan injury victims. Our personal injury law firm has been able to recover over $500 million in compensation on behalf of our clients.
Contact the medical malpractice attorneys at Jay Trucks & Associates, PC today for a free review of your claim. There are no upfront fees or obligations. Unless you receive compensation, we do not get paid.
Free Consultation. No Upfront Fees.
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Understanding Medical Malpractice in Michigan with Your Medical Malpractice Lawyer
Medical malpractice in Michigan occurs when a healthcare professional fails to meet the accepted standard of care, causing harm to a patient. This includes errors like surgical mistakes, misdiagnoses, and medication issues.
If you’ve been affected by medical malpractice, Jay Trucks & Associates, PC is here to help. Our medical malpractice lawyers are committed to holding negligent medical professionals accountable and seeking justice on your behalf.
What Constitutes Medical Malpractice?
Medical malpractice arises when a healthcare provider breaches their duty of care, causing harm to a patient due to a negligent act. The standards of care are based on widely accepted medical practices, and professional testimony is often vital in determining if it was followed. The burden of proof is on the victim, which means you or your Michigan malpractice lawyer must be able to prove the defendant engaged in some form of medical malpractice.
Your medical malpractice lawyer must establish four things:
- There was a doctor-patient relationship – You or your medical malpractice lawyer must prove you received treatment from the doctor or health care professional in question.
- The doctor did not uphold the medical standard of care – The health care professional failed to provide care that met accepted standards in the medical community. In other words, he or she failed to provide the level of care another qualified health care professional would have provided in a similar situation.
- The breach of the standard duty of care directly resulted in your injury – There must be a direct link between the breach and your injury and it would not have happened otherwise. When you file a medical malpractice claim in Michigan, it must include an affidavit of merit signed by a health care professional who meets the state’s criteria for an expert witness. The affidavit must explain how the standard of care was breached and how it is linked to the injury suffered. Our firm has access to medical experts we can use to help draft an affidavit of merit.
- Damages were sustained – There must be proof of your damages such as medical bills, lost income or physical pain and mental suffering.
Our dedicated team of Michigan medical malpractice lawyers are prepared to answer any questions you may have about your medical malpractice claim. If you have a valid claim, we are prepared to manage the entire legal process, including offering a free case evaluation, from investigating to gathering medical records, talking to witnesses, negotiating for fair compensation and preparing for trial if necessary.
Impact of Negligent Medical Care on Patients
Medical malpractice can lead to more than just physical injury. Patients may experience a range of hardships, such as:
- Exacerbation of the Initial Injury or Condition: Diagnostic delays, incorrect treatments, or surgical errors can worsen medical conditions, causing lasting health complications.
- Emotional Distress and Mental Anguish: Living with the impact of preventable medical errors can lead to psychological trauma, anxiety, and loss of trust in healthcare providers.
Financial Strain Due to Medical Expenses: Victims often face rising medical bills for corrective procedures, ongoing treatment, and rehabilitation, creating significant financial burdens.
How can patients identify signs of medical malpractice?
Patients can identify medical malpractice signs by watching for symptoms that don’t improve, unexpected complications, unclear explanations from medical professionals, or feeling unheard. If in doubt, seeking a second medical opinion can help confirm suspicions and ensure proper care is received.
Types of Medical Malpractice
Medical malpractice can occur in various forms, and recognizing these common types is essential for legal action. While some types are more common, they all result from preventable errors by medical professionals.
Surgical Errors
Surgical errors are a major part of medical malpractice cases, ranging from wrong-site surgeries to leaving instruments inside the body. These mistakes can have serious consequences, often leading to:
- Permanent Injury or Disability: These errors can cause irreversible damage to organs, nerves, or tissues, leading to lifelong impairment and diminished quality of life for patients.
- Increased Risk of Complications: These errors increase the risk of post-operative infections, extended hospital stays, and the need for further corrective surgeries.
- Wrongful Death: These errors can be fatal in tragic cases.
Misdiagnosis and Delayed Diagnosis
Timely, accurate diagnosis is key to effective care. Delays or errors can be devastating.
- Progression of the Disease: Without treatment, simple conditions can worsen and become life-threatening.
- Ineffective Treatment: Patients may receive improper treatments due to misdiagnosis, leading to harm and delayed care.
- Psychological Impact: A delayed or incorrect diagnosis can cause significant distress, leading to anxiety and uncertainty about one's health.
Medication and Prescription Errors
Medication errors, such as prescribing incorrect dosages or failing to recognize drug interactions, are a common type of medical malpractice. These mistakes can lead to various adverse effects on patients:
- Adverse Drug Reactions: Patients may suffer harmful side effects, allergic reactions, or organ damage from incorrect medication or dosage.
- Worsening of Existing Conditions: Medication errors can worsen health issues, resulting in a decline in a patient's well-being.
- Increased Healthcare Costs: Correcting medication errors often necessitates extra medical intervention, resulting in higher costs and added strain on the healthcare system.
Here are some common examples of medication errors:
- Prescribe the wrong medication
- Administering the wrong dosage
- Failing to consider a patient's allergies.
- Inadequate communication about potential drug interactions.
Failure to Provide Warning
In some instances of medical malpractice, healthcare providers fail to adequately warn patients about the potential risks or side effects associated with a treatment or procedure. This lack of informed consent can lead to serious consequences for patients:
Increased Risk of Complications: Without being fully informed about the risks involved, patients may face unexpected complications or adverse outcomes post-treatment.
Legal Implications: Failure to provide appropriate warning and obtain informed consent from patients can result in legal challenges and claims of negligence against healthcare professionals.
The Role of a Medical Malpractice Attorney in Michigan
Navigating a medical malpractice claim in Michigan can be challenging for those already dealing with the physical and emotional toll of their injuries. Skilled legal representation from a Michigan medical malpractice attorney at Jay Trucks & Associates, PC can help. Our medical malpractice attorneys have extensive knowledge and experience in this field of law. Our Michigan medical malpractice attorneys will:
- Conduct Thorough Investigation: Our malpractice attorneys will collect medical records, interview witnesses, and consult medical professionals to build a strong case.
- Establish Negligence: Our medical malpractice attorneys will work to prove that a healthcare provider's deviation from the standard of care directly caused the patient's injuries.
- Negotiate with Insurance Companies: Our Michigan medical malpractice attorneys manage all communication and negotiations to secure fair compensation for the victim's losses.
- Litigation Support: If a fair settlement can't be reached, our medical malpractice attorneys will take your case to court, representing you during litigation, presenting evidence, and advocating for a favorable verdict.
How a Medical Negligence Lawyer Can Assist Medical Malpractice Victims?
At Jay Trucks & Associates, PC, our experienced medical negligence lawyers compassionately represent victims of medical malpractice in Michigan, approaching each case with empathy, respect, and personalized attention.
Choosing our personal injury law firm means you will:
- Receive a free consultation to discuss your case and evaluate your claim.
- Benefit from a network of medical professionals to review records, establish negligence, and provide testimony.
- Be guided through the legal process with constant communication and strong advocacy for your rights.
Evaluating Your Medical Malpractice Case
Evaluating a medical malpractice case in Michigan requires a careful review of evidence and legal standards. Our experienced medical malpractice lawyers will assess the following:
- Medical Records: Reviewing medical records is critical for establishing a timeline, identifying care discrepancies, and assessing whether the standard of care was breached.
- Witness Testimony: Obtaining testimony from qualified medical professionals is essential to establish negligence and show how the healthcare provider’s actions or inactions harmed the patient.
Statute of Limitations: Michigan law sets strict deadlines for filing medical malpractice lawsuits. We will ensure your case is filed on time to protect your legal rights.
Calculating the Value of Your Medical Malpractice Claim
Medical malpractice can result in many damages, financial and otherwise.
Economic Damages
Non-Economic Damages
Exemplary Damages
Our Michigan medical negligence lawyers have in-depth knowledge of medical malpractice cases and state laws that apply to these cases. If your claim is valid, we are committed to pursuing maximum compensation for the damages you suffered.
(989) 601-2554
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How Long Do I Have to File a Claim?
Under the Michigan statute of limitations, a medical malpractice claim must be filed within a time limit of two years of the date of the injury. However, if you did not discover the injury when it happened, such as in a misdiagnosis claim, you must file within two years of the injury or six months of the date you discovered it, whichever date falls later.
Despite this exception, claims cannot be filed more than six years from the date of the act or omission that is the basis of the claim (Michigan Compiled Laws 600.5838a).
If you are unsure about the deadline for your claim, contact a knowledgeable Michigan medical malpractice attorney from Jay Trucks & Associates, PC. If you do not file before the deadline passes, you may lose the right to do so.
Why Choose Jay Trucks & Associates, PC as Your Medical Negligence Attorney?
Choosing Jay Trucks & Associates, PC as your medical negligence attorney means having a dedicated team committed to fighting for your justice. Our successful track record in Michigan medical malpractice cases speaks for itself. We understand the complexities of these cases and have the expert knowledge to navigate them effectively. From the initial consultation to securing witness testimonies and guiding you through the legal process, we’re here for you every step of the way
Schedule a Free Consultation with a Michigan Medical Malpractice Attorney!
Medical malpractice cases can be complex, making it essential to have a knowledgeable and experienced Michigan medical malpractice attorney by your side. Jay Trucks & Associates, PC offers the knowledge and skills to evaluate and pursue your case effectively. Our dedicated Michigan medical malpractice attorneys will help establish your claim, navigate the legal process, and identify liable parties to secure compensation you deserve. If you believe you are a victim of medical malpractice in Michigan, contact us for a free consultation. Understanding your rights is the first step toward seeking justice for negligence in medical care.
(989) 601-2554
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