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#Medical Malpractice

Medical malpractice is when a doctor makes a mistake that causes you or a loved one serious harm. Legally, medical malpractice has occurred when a doctor fails to comply with a reasonable standard of care. When someone who is not a doctor makes a mistake, he or she is often said to have acted negligently. Malpractice is simply negligence applied to healthcare professionals. Tragically, a doctor’s mistake can have severe, or even deadly, consequences for a trusting patient.

According to a study released in 2013 from the Journal of Patient Study, as many as 440,000 people die every year from preventable medical errors.  This makes medical mistakes the 3rd leading cause of death in America, behind heart disease and cancer.

In Michigan, a patient has the right to file a lawsuit against any physician or hospital, which may have committed malpractice. However, the filing requirements for a malpractice lawsuit are lengthy and complicated. These requirements include an “affidavit of merit,” in which a medical expert certifies that there is evidence that you were the victim of malpractice.

Usually, a malpractice claim must be filed within 2 years of the date of the malpractice or 6 months from the date of discovery that malpractice occurred. Although the law provides additional time for certain protected groups, these exceptions are limited.

The laws governing malpractice suits may be the most complex of all Michigan’s personal injury laws. Moreover, the Michigan Supreme Court strictly interprets malpractice law, including the sections governing the “affidavit of merit” and the absolute deadline for filing a malpractice claim.

Failure to meet these legal requirements means that the victim loses all rights to file a lawsuit against the medical professional or hospital which negligently caused severe injury — or even death.

If you or a loved one is the victim of medical malpractice, contact us as soon as possible.

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