Key Factors to Prove A Michigan Medical Malpractice Case

It is often difficult to prove that a hospital or other healthcare institution is responsible for your medical maladies. In order to receive compensation and damages, you must prove that someone is legally responsible due to their medical negligence.  The critical factor in determining this is showing four key aspects:

1.    What is the accepted standard of care applicable in your Michigan Medical Malpractice case?

2.    Was there a breach of this standard of care?

3.    Was this breach responsible for the resulting injury including pain and suffering, scarring, death?

4.  What is fair compensation for the particular injuries involved in your Michigan Medical Malpractice case?

Standard of Care

Hospitals and health care professionals are responsible for providing patients with a standard of care. Standard of care is the normal level of care given to all patients being treated. A standard of care for a health care provider are not always cut and dry and can be difficult to determine. 

Simply because a patient experiences a bad result in their medical outcome does not necessarily mean that malpractice has been committed. The state of Michigan requires only that healthcare professionals provide the "minimum acceptable standard of care."  Not the highest quality care--the minimum acceptable standard of care.  

The standard of care is usually determined in a courtroom by expert witnesses and testimony.

Negligence (Breach of Standard of Care)

Once the standard of care for the particular medical procedure is laid out, the next question becomes whether there was a breach of the standard of care.

Negligence can occur at different stages in the medical experience. A health care provider may misdiagnose a problem, or fail to treat the injury or illness properly or administer the wrong medication. A doctor can also be held liable for failing to adequately inform a patient about the risks of a procedure or about alternative treatments.

According to Michigan law, in order for a claimant to bring a medical malpractice suit, they must include a sworn written statement from a doctor who will testify that in his professional opinion the doctor or hospital committed a breach in the standard of care. Negligence is established by expert witnesses (licensed physicians) who specialize in an applicable medical area.

Negligence is Responsible for the Injury

Once it has been shown that a hospital or healthcare professional was negligent in their duties, the plaintiff (those who bring the lawsuit to court) must prove that this negligence caused the injury or, at the very least, worsened their medical condition.

For instance, if a misdiagnosis is made for breast cancer but the victim dies from a skiing accident, then the negligent act was not responsible for the injury/death. The negligence must be directly responsible for the medical malady, or have contributed to it.

Damages

If a claimant is able to establish negligence and liability, you are probably entitled to damages--compensation for medical bills, lost wages, damages for pain and suffering. Damages may cover not only monetary losses already suffered, but also future costs and lost wages.

The amount of damages that a claimant can receive depends on several factors. The most important of which is how the particular medical injury affects your wage earning and quality of life. Two individuals who are the same age and gender may have very different potential for medical damages from a malpractice suit. If the kicker for the Detroit Lions loses his big toe in a medical mistake, he would receive much greater damages than an auto repairman who doesn’t rely on his big toe to make his living.  

 Even if liability can be established, the defendant (the hospital, etc.) must have the ability to pay the damages awarded by the court. Most health care providers are insured for medical malpractice claims. 

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