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Key elements of Michigan medical malpractice

Patients trust their doctors to act in their best interest. Unfortunately, this does not always occur and may leave them with lifelong injuries.

In such cases, a medical malpractice claim may aid patients in receiving reparations for their suffering. Particularly in Michigan, there are a few key elements to know about medical malpractice.

Definition

By definition, medical malpractice occurs when a physician deviates from the normal and accepted practices of professionals within the field and causes harm to a patient. Along with certain acts that a physician may take, this also refers to the omission of information or treatment. Because many physicians act in the capacity of contractors, claimants are often limited to filing claims against the physicians themselves, rather than the hospital or clinic where treatment was provided. However, there are certain exceptions, such as when the non-actions of the facility lead to harm. It is important to fully understand the difference between the types of cases to know the proper parties to file against.

Burden of proof

Medical malpractice falls under the personal injury umbrella. As such, a claimant must provide proof of negligence to win the case. Particularly for medical malpractice, the proofing process involves four main points:

  1. The physician owed a duty of care to the patient.
  2. The physician did not uphold that duty.
  3. Due to the lack of care, the patient was harmed.
  4. The harm resulted in damages.

Michigan's medical malpractice laws help to solidify the first point. Any physician who takes on a patient owes that patient a certain level of care. To prove the other points, it is crucial that the patients collect evidence in regards to the incident, including doctor's notes, medical records, and medical expert witness testimony. A knowledgeable attorney may be helpful in collecting and presenting this information effectively.

These are the main elements of a medical malpractice case in Michigan, but not the only things to consider. Take some time to review the law and learn the process to determine the best option for your situation. 

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