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Are You the Victim of Medical Malpractice?

Medical malpractice is a unique area of law. It often involves extensive testimony about what should have happened and what condition the plaintiff would have been in had the medical mistake not occurred.

In fact, in order to even bring a Michigan doctor negligence lawsuit, a plaintiff must obtain a medical opinion from an expert in the same medical specialty as the doctor who caused the injury.

What else do you need to show in order to prove that you or a loved one is a victim of medical malpractice?

Breach of the Accepted Standard of Care

First, you must show that the medical professional or facility made a mistake. Did they fail to follow the medical standard of care? In other words, did the medical professional fail to provide the type of medical care that a professional in his or her professional capacity is expected to provide?

Every medical professional has a duty to meet the accepted standard of care in his or her profession. A medical professional may breach the standard of care through a negligent action (such as giving a patient the wrong medication) or through an omission (such as failing to diagnose cancer).

Causation

Next, you must show that the breach of care caused your injury. Many people believe that simply showing that a doctor acted negligently is enough to prove medical malpractice. Unfortunately, that is not always the case. Instead, you must show that the doctor's negligent actions put you in a worse state than you would have been in had the negligence not occurred.

If, for example, a doctor failed to diagnose untreatable cancer a week before another doctor properly diagnosed the cancer, a court would not hold the first doctor liable for failure to diagnose / medical malpractice since the negligence did not cause injury to the victim. Nothing that the doctor did caused further harm to the victim since the cancer was untreatable. This is a much different scenario than if a doctor failed to diagnose the cancer when it was curable and where the amount of time elapsed meant the difference between life and death.

Because of the unique legal process and medical issues involved in a medical malpractice lawsuit, it is important to turn to an attorney experienced in these cases.

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