Medical malpractice is an area of personal injury law where injured patients can file a lawsuit against healthcare professionals or facilities. In Michigan, medical malpractice cases are governed by specific laws and regulations. It is important to understand these laws if you or a loved one has experienced medical malpractice in Michigan.
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What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional or facility fails to provide the expected standard of care, resulting in harm or injury to the patient. This can include errors in surgery, misdiagnosis, delayed diagnosis, medication errors, and more.
Statute of Limitations
Michigan has a statute of limitations for medical malpractice cases, which means that there is a time limit for filing a lawsuit. The statute of limitations for medical malpractice cases in Michigan is typically two years from the date of the injury or discovery of the injury.
Expert Witness Testimony
In Michigan, expert witness testimony is required in medical malpractice cases. The expert witness must be a licensed healthcare professional and must have experience in the same field as the defendant. They will provide testimony regarding the expected standard of care and whether the defendant failed to meet that standard.
Damage Caps
Michigan has a cap on the amount of damages that can be awarded in a medical malpractice lawsuit. The cap is $445,500 for lawsuits filed in 2021 and will increase each year. However, there are some exceptions to the cap, such as cases involving catastrophic injuries or wrongful death.
Comparative Negligence
Michigan operates under a comparative negligence system, which means that the plaintiff’s recovery may be reduced if they are found to be partially at fault for the injury. For example, if the plaintiff was partially responsible for their injury because they failed to follow the healthcare provider’s instructions, their recovery may be reduced.
Medical Malpractice Insurance
Healthcare professionals and facilities in Michigan are required to carry medical malpractice insurance. This insurance provides coverage in the event that a healthcare provider is sued for medical malpractice. The required minimum coverage amounts vary by profession and facility type.
Hiring a Medical Malpractice Lawyer
If you or a loved one has experienced medical malpractice in Michigan, it is important to consult with an experienced personal injury lawyer who specializes in medical malpractice cases. These lawyers have the knowledge and experience necessary to help you navigate Michigan’s complex medical malpractice laws and regulations.
In conclusion, Michigan’s medical malpractice laws and regulations are complex and require an in-depth understanding to navigate. If you have experienced medical malpractice, it is important to seek the assistance of an experienced medical malpractice lawyer to help you obtain the compensation you deserve. Make sure to consult with a lawyer who is knowledgeable about Michigan’s laws and regulations regarding medical malpractice.