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If you are under the care of a physician, a patient in a hospital, or if you have been treated in a clinic or emergency care facility, you learn to expect a reasonable level of professional care while a patient. The care you receive should be comparable to the same care you would receive from any expert in the medical field.

However, doctors and nurses may make errors due to fatigue, inattention, or other reasons. When medical negligence causes harm to the patient, there may be grounds for a medical malpractice claim.

If you have suffered an injury while receiving medical care, you can file a case against the physician or the medical facility with the help of medical malpractice attorneys in Michigan. Michigan has a strict statute of limitations for victims of medical malpractice, so it’s important to talk to a lawyer and get legal advice as soon as medical malpractice occurs.

What Counts as Medical Malpractice?

Medical professionals, including physicians and nurses, are expected to provide the best care possible according to established professional standards. While they are not expected to save or cure every patient they encounter, they must avoid medical errors and take reasonable precautions to ensure the patient’s safety.

Although some physician mistakes are harmless, many result in ongoing pain, loss of mobility or function, or other harm to the patient, sadly, many cases are even fatal, especially among older populations who cannot recover from injuries as quickly.

Medical malpractice insurance companies try to fight patients’ claims and avoid payouts, but the facts are usually clear enough to win justice for victims of medical negligence. Some of the medical malpractice lawsuits that the law office of Cochran, Kroll & Associates, P.C. has been involved with include:

  • Birth injury, including negligence during delivery and cerebral palsy
  • Wrongful death
  • ER malpractice
  • Brain or spinal cord injury
  • Pharmacy negligence
  • Surgical errors and burns
  • Orthopedic malpractice
  • Dental malpractice
  • Nursing home abuse

File Within Two Years

In Michigan, medical malpractice claims must be filed within two years of the injury or within six months of the discovery of the event causing the injury, whichever is later. If you are a minor under the age of 18 when the malpractice occurs, other regulations may apply, potentially giving you time to file after you turn 18. Filing on time and following legal guidelines is critical.

Within this period required by a statute of limitations, a doctor must complete or endorse an affidavit of merit that certifies that the injury was due to the defendant’s failure to provide the appropriate standard of care. In addition, the defendant must file a similar document that supports the case that no negligence occurred.

The 182 day Notice of Intent filing period is upheld by the courts to allow medical malpractice attorneys who represent the parties in the lawsuit time to review the information and work toward a settlement out of court if possible. These practices and expectations usually work best for the victim since they receive compensation promptly and for the legal system that avoids prolonged and expensive trials.

Getting Compensation

In Michigan, awards for malpractice settlements as of January 2020 are capped at $471,800 for non-economic damages, although this increases to $842,500 for a permanent disability or loss of a reproductive body part. However, economic damages, such as those for medical bills and lost wages, may be much higher.

Without the financial relief provided by a medical malpractice claim, you may be stuck with bills from a chronic injury or medical condition that isn’t your fault. If you wait for the condition to get better, you may miss the statute of limitations deadline and lose out on hundreds of thousands of dollars or more.

Seeking Legal Help

At Cochran, Kroll, and Associates, P.C., we have the experience and knowledge to advise you on any form of negligence that may lead to a malpractice lawsuit. Our team of medical malpractice lawyers includes Eileen Kroll, a former RN who is now a trial attorney and advises the team on malpractice and healthcare issues.

Because our law firm serves Greater Detroit and Michigan, we can meet with you at a convenient location so you can spend more time recovering and taking care of your family members. We also understand that your case needs to be resolved as quickly as possible to alleviate your financial burdens and give your case the attention and care it needs to end successfully.

Call our law firm at (866) 868-3779 to be connected to a team of dedicated, experienced, and compassionate personal injury lawyers near you to begin your attorney-client relationship with us. Your free case evaluation can help us establish if you have a medical malpractice case and if you should file a medical malpractice suit.

Rest assured, that our legal team will help you with every step of the process, from obtaining your medical records to arranging expert witnesses and fighting for the justice and compensation you deserve.

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