We rely on doctors, nurses, and other medical providers to keep us healthy and help in times of need. However, physicians and other medical personnel sometimes make medical errors that are preventable or avoidable. This is called medical malpractice.
A single medical error can jeopardize our health and safety. Medical negligence often causes, or increases the risk of experiencing, life-long significant physical, emotional and financial harm. For this reason, most hospitals and medical personnel have malpractice insurance that provides compensation to victims of their medical negligence.
The Kalamazoo and Grand Rapids attorneys at Keilen Law, PLC represent victims of medical malpractice against large hospitals, surgery centers, prominent physicians and all other medical personnel to help obtain the compensation they deserve. We handle many different types of malpractice cases, some of which include:
- Hospital and medical facility negligence;
- Emergency room negligence;
- Surgical errors;
- Anesthesia errors;
- Medication errors;
- Missed diagnosis;
- Wrong diagnosis;
- Missed cancer diagnosis;
- Infection misdiagnosis;
- Hospital falls;
- Birth injuries;
- Spinal injuries;
- Negligent treatment of stroke;
- Negligent treatment of sepsis; and
- Failure to diagnose impending heart attack.
While each medical malpractice case is unique, every medical negligence case is both legally and medically complex. As a general rule, a medical malpractice lawsuit must be initiated within two years from the date the malpractice occurred.
However, a prerequisite to filing a Michigan medical malpractice lawsuit in Kalamazoo, Grand Rapids and everywhere else in the state is that the claimant must send a Notice of Intent to File Suit to every potential medical defendant at least 182 days before the actual filing of the medical malpractice lawsuit. The Notice of Intent to File Suit must identify the names of every other medical professional and every other health care facility that the claimant has notified in relation to the malpractice claim along with the following information:
- The factual basis for the claim;
- The applicable standard of practice or care alleged by the claimant;
- The manner in which it is claimed the applicable standard of care was breached by the health professional or health facility;
- The alleged action that should have been taken to achieve compliance with the alleged standard of practice or care; and
- The manner in which it is alleged the breach of the standard of practice or care was the proximate cause of the injury claimed in the notice.
Generally speaking, for the Plaintiff to win a Michigan medical malpractice case, he or she must prove two things: First, he or she must prove that health care facility, physician or other medical personnel deviated from the standard of care. In other words, the Plaintiff must prove the medical defendant was negligent. Second, the Plaintiff must prove that the defendant’s deviation from the standard of care / the defendant’s medical negligence caused or contributed to cause the Plaintiff’s injury, condition or bad outcome. Michigan law requires this be proven through expert medical testimony.
In fact, like the Notice of Intent to File Suit, another prerequisite to filing a Michigan malpractice lawsuit is that the Plaintiff must attached to his or her Complaint an Affidavit of Merit signed by an expert medical witness with the same or similar credentials as the medical defendant. The expert witness must swear that he or she has reviewed the records and must also provide the same five pieces of information that is required in the Notice of Intent to File Suit.
Having medical malpractice experience and having access to the best medical experts is paramount to successfully pursing a malpractice case. The attorneys at Keilen Law have both.