A Lawyer’s Guide To Medical Malpractice Claims In Wayne County, Michigan

A doctor or other medical professional is only liable for the harm they have caused you if you were under their care at the time. A doctor or nurse owes you such a duty if you are their patient; a facility might owe that duty of care to an elder who has been admitted to their institution. 

A medical institution might not owe the same duty to a visitor, just as a doctor on a date at a restaurant does not owe a duty of care to another guest at the restaurant. 

It is important to note, however, that this duty is not limited only to surgeries or interventions; ongoing medical care, diagnostics, imaging results, and even genetic testing come with a duty of care that can be breached. 

Did The Medical Professional Deviate From Their Duty?

Being injured in the care of a doctor or medical professional is not sufficient for a medical malpractice claim; you must be able to prove that they failed to provide the level of care that was expected of them. There must have been a deviation of duty. 

This is often demonstrated by proving that they were negligent (for example, if they were intoxicated) and showing that any other reasonable doctor or care practitioner would have behaved differently and provided better care. 

For example, if an x-ray analyst failed to spot a tumor even though most medical students would have noticed, and expert doctors testify was both obvious and required immediate reporting and treatment, the specialist could be held responsible for failing to do so and the harm that they caused in the process. 

Did The Incident Result In Damages? 

Minor incidents happen all the time; some even result in temporary discomfort or additional costs. Unfortunately, bringing a medical malpractice suit against a hospital or their insurance company in Wayne County is quite expensive, and so there must be dramatic or severe harm and costs caused to make doing so worthwhile. 

As a result, the medical malpractice incident in which there was a deviation of care must have caused damages, and those damages must have been significant. Long-term health complications, permanent or temporary disability, death, chronic conditions, ongoing pain and suffering are all examples of problems that tend to result in significant enough damages. 

Damages, after all, is just a legal term that groups together all the costs, harms, losses and expenses you have endured. This might include economic damages, such as the cost of treatment in a different Wayne County hospital or the lost income you will no longer be bringing home, as well as non-economic or general damages, such as for trauma, pain and suffering, and a loss in the quality of your life. 

Unfortunately, in Michigan, these non-economic damages are usually capped at $445,500, which, while significant, is sometimes not enough to cover all the harm you have endured. A skilled medical malpractice lawyer is often one who can identify all the different types of damages you have suffered to ensure the medical malpractice claim covers everything and gets you the most possible financial compensation for your situation. 

If you have suffered such a breach in the duty of care from a doctor, nurse, dentist or other medical professional who had you under their care, you may be eligible to obtain financial compensation for the harm and damages they have caused you. But the clock is ticking on your ability to claim it. 

You have a limited amount of time from the date of the deviation of care, and even less if it took you years to notice the problem, in which to bring forward your claim. And given the complexity of medical malpractice claims, your lawyer will need as much time as possible to prepare a successful claim. 

Therefore, if you notice a problem, even if you are not sure if it qualifies, you should seek out a medical malpractice claim lawyer as soon as possible. In Wayne County, you can call the Michigan Advocacy Center, PLLC at
(248) 266-7600, or reach out to us online to schedule a free consultation to discuss your situation and claim.