There are a number of reasons why we need medical professionals to help us stay healthy, recover from injuries, combat disease, or treat an illness. People put their trust and faith into physicians, nurses, obstetricians, and many other medical professionals, probably more than anyone else, believing that they will make the proper diagnosis in a timely manner and request the appropriate treatment, medication, or surgical procedure. Unfortunately, due to various forms of medical malpractice, patients throughout Michigan suffer serious illness, injury, disfigurement, and even death.
What Causes Medical Malpractice?
Some common types of medical malpractice in Michigan include the following:
- Surgical errors
- Physician and/or nurse fatigue
- Miscommunications among medical professionals
- Unsterilized medical tools
- Mistakes in medications prescribed or administered to patients
- Incorrect diagnosis or the failure to diagnose
- Birth injury
- Anesthesia errors
Going to the doctor or the hospital is already a daunting experience in itself without medical malpractice adding to the mix and causing a patient to suffer even more than before they sought care or treatment. Incidents of medical negligence in Michigan can even occur when patients who visit the emergency room are not provided with the attention they need within a timely manner or when a medical professional fails to diagnose a patient for a particular illness or disease.
It is an unfortunate reality that many medical facilities, including urgent care facilities and hospitals, are understaffed and require staff members, doctors, and nurses to work particularly long hours and without many breaks. This can cause medical professionals to rush through examinations and surgical procedures as well as skip protocol and make mistakes due to being fatigued.
In a 1999 Institute of Medicine report, it was estimated that between 44,000 and 98,000 people die every year in hospitals because of medical mistakes. In addition, the Institute for Healthcare Improvement has estimated that 40,000 incidents of medical harm take place throughout the healthcare system every day. While these shocking medical malpractice statistics are likely to have decreased as of late, they serve as a reminder that the need to improve patient safety and medical procedures is still necessary despite various enhancements that have been made.
Righting the Wrong through Effective Legal Representation
A medical malpractice claim in Michigan may be filed for an individual who has suffered illness or injury as well as family members of a person who has died because of medical malpractice. Michigan’s medical malpractice law states that the plaintiff has the burden of proving that "the defendant, if a general practitioner, failed to provide the plaintiff the recognized standard of acceptable professional practice or care…that as a proximate result of the defendant failing to provide that standard, the plaintiff suffered an injury." (Section 600.2912a) This section of the law also states the same burden of proof if the defendant is a specialist. What makes Michigan medical malpractice litigation all the more complex is that the plaintiff has the burden of proving that they sustained an injury that was most probably the result of negligence on the part of the defendant or defendants. Moreover, when a person is seeking compensation in a medical malpractice claim in Michigan, the plaintiff is not permitted to recover for loss of "an opportunity to survive or an opportunity to achieve a better result unless the opportunity was greater than 50%."
The Michigan medical malpractice lawyers and Southfield hospital malpractice attorneys at Lipton Law know the importance of securing compensation for victims of medical malpractice who have been forced to cope with steep expenses for care, treatment, surgery, rehabilitation, or the costs associated with losing a loved one. With 70 years of combined experience holding negligent parties liable, our clients trust that we can help right the wrong through effective and solid legal representation. To learn more about how we can protect your rights, contact us today.