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Michael J. Gallagher -
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Medical Malpractice Lawyer Michigan
Medical Malpractice Law - A quick overview
Medical malpractice is lay terminology for negligence that occurs with respect to a Doctor's treatment rendered to a patient.
Medical Malpractice is a branch of personal injury law, otherwise known as tort law, that handles injuries suffered because a doctor, hospital or other health care provider was careless or negligent in treatment. Malpractice describes a situation where a doctor, hospital or other health care provider did not provide treatment consistent with customary and acceptable practices. In other words, the doctor failed to provide medical care approximating a specific standard of care.
Medical malpractice also covers the public perception of adverse events during medical care.
In common with other forms of claims for negligence, in order to succeed in a claim (lawsuit) the claimant (plaintiff) must successfully demonstrate four things:
1. The level of care or duty owed by the medical professional to the patient. This duty is generally easily established.
2. That the doctor failed in his/her duty of care towards the patient: they failed to do something that a reasonably prudent doctor in the same field would have done under the same or similar circumstances, or that the doctor did something that no reasonably prudent doctor in the same field would have done under the same or similar circumstances.
3. That some harm was caused by this failure to comply with the duty of care, and that the harm risked by such misconduct was reasonably foreseeable at the time.
4. The amount of damages that stem from the malpractice and in turn would reasonably compensate the plaintiff for the harm caused by the malpractice.
* If medical malpractice is proven, an injured person is usually entitled to damages. Damages are awarded in the form of money to compensate the injured person for the injuries caused by the malpractice.
* Michigan has a complex statute of limitations concerning medical malpractice. In order to bring a valid and timely claim, a wrongfully injured party and or their family members should seek professional legal help as soon as their medical injury comes to light.
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Most medical malpractice cases arise from one of the following complaints:
* The doctor or health care provider did not follow the standard procedure that everyone is supposed to follow for that type of situation; or
* The doctor or health care provider did not diagnose or tell a patient that cancer or some other terminal illness was present; or
*The doctor or health care provider did not test for or diagnose birth injuries such as cerebral palsy or spina bifida.
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If you believe that you or a member of your family has suffered from negligence at the hands or a physician or other health care provider, contact us and we will help you recover the compensation you deserve!
Michael J. Gallagher
Toll-Free 1-877-445-4446
My firm represents plaintiffs in Wrongful Death and Personal Injury cases in the following areas:
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Paralyzing Injuries |
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Birth Trauma |
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Auto Accidents |
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Cerebral Palsy |
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Spinal Cord Injury |
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Dog Bites |
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Machine Injures |
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Slip and Fall Injuries |
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Death Claims |
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Traumatic Brain or Closed Head Injury |
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Justice in our legal system can only result in a fair award of money to allow you to replace lost earnings, and assist you in coping with lost ability to live fully.
My staff and I are compassionate, earnest, and dedicated.
thanks to:
http://en.wikipedia.org/wiki/
Medical_malpractice
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