Blog Post

What to Do if You Think You Have a Strong Medical Malpractice Case

By Admin • Mar 14, 2019
Talking to the Lawyer — Southfield, MI — Bernstein & Bernstein

Have you recently been the victim of medical malpractice? Medical malpractice occurs when a health professional harms a patient or fails to provide care to the accepted standard. This can result in injury, further illness, or death. Unfortunately, malpractice may occur due to failure to diagnose a disease, botching a surgery, delivering the wrong dose of anesthesia, birth injury, or unnecessary surgery.

Medical malpractice is serious because it leaves emotional and physical scars. In fact, it can even lead to injuries and illness that impact quality of life or lead to loss of wages. Victims of medical malpractice may be compensated for past and future medical care in addition to other funds. Think you have a strong case? Read on to find out what you need to do next.

You Must Prove the Doctor Was Negligent

One of the first things you have to prove is that the doctor treating you was negligent. In some cases, medical treatment or surgery simply isn’t effective. The doctor may not be liable in these cases. You need to demonstrate that the doctor took steps that caused harm due to a lack of care or skill.

Negligence occurs in a number of different ways, from failing to diagnose a pertinent issue to providing improper medical care. The doctor may not have warned you about the risks of a procedure or may have given you a dangerous dosage of medication. These are just examples, as there are numerous ways in which malpractice occurs, ranging from female genital mutilation to surgery instruments being left inside patients after an operation.

Ultimately, the burden of proof falls onto your lawyer to demonstrate that the doctor did not provide the level of care that he or she was responsible for.

You Must Demonstrate Financial Damage

Financial damage in the form of medical bills and lost wages can be compensated. You must be able to provide medical bills that are linked to the medical malpractice case to be compensated for medical bills, and you must demonstrate that you are unable to return to work based on the injury or illness to be compensated for lost wages. You may also recoup damages for medical supplies, prescriptions, and transportation if they apply to your case.

You Must Demonstrate Emotional and Physical Damage

If you are suing for physical pain, mental anguish, or something else along these lines, you must prove that these are real struggles. This might mean that you need to call on experts to testify that your injury or illness has resulted in emotional and physical damages. Your attorney can help you find expert witnesses to testify on your behalf.

You Must Remember the Statute of Limitations & Caps

In Michigan, there is a two-year statute of limitation on medical malpractice lawsuits. This means that you need to bring your case to a lawyer relatively quickly in order to file a lawsuit successfully.

Additionally, Michigan puts a cap on medical malpractice at $280,000 for non-economic damages like pain and suffering in most cases. It may increase to $500,000 in rare cases.

You Must Undergo a Medical Assessment

You need to undergo a medical assessment that will verify whether the injuries and illnesses that you are reporting are relevant to your malpractice claim. Another physician will review your records and see if the original doctor provided you with a standard of care that is sub-par.

Unfortunately, all too many patients fail to realize that they have strong claims of medical malpractice. These cases can be extremely difficult to analyze, but a medical malpractice attorney understands the ins and outs of Michigan's laws. Bernstein & Bernstein Attorneys at Law can help you determine if you have a strong medical malpractice claim.

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