MEDICAL MALPRACTICE ATTORNEY
How Do I Find a Medical Malpractice Lawyer?
Keep in mind that not all lawyers and law firms are of the same quality. Before selecting an attorney or a firm to represent your interests as a victim of medical malpractice, it is essential you research the reputation of your firm in the community and its overall quality of practice. A majority of our clients are referred to us by both former clients and other law firms throughout the State of Michigan. We believe this speaks volumes about the quality of work provided at Haque Legal. Our goal is to provide the financial resources, experience, and tenacity of a large firm, yet offer the hands-on and personal touch found at a small firm.
At Haque Legal, every client meets the team and how to get in touch with us concerning any questions. We believe there is no substitute for direct attorney-client communications and make every effort to remain accessible to our clients. Further, we have garnered a reputation for aggressive litigation where we have consistently taken cases to trial. Insurance carriers know that there is a bite behind the bark at Haque Legal. Additionally, we have the financial resources to take on the largest insurance carriers and healthcare institutions.
We handle a wide array of medical malpractice claims ranging from birth injury/birth trauma to surgical negligence and gross errors made by healthcare providers. Such gross errors include the failure to diagnose pathology or symptoms, improper diagnosis, and negligence in performing medical services.
$1,300,000 Insurance Benefits
The client lost control of their vehicle and crashed into a tree. As a result, they suffered a traumatic brain injury, herniated discs, lost wages, attendant care, replacement services, and ongoing case management.
$1,000,000 Personal Injury
The client suffered a brain injury, spinal disc injuries requiring surgery, knee replacement, severe and permanent disfigurement.
$650,000 Car Accident
A hit-and-run driver rear-ended the client. The client needed two spinal surgeries, post-operative physical therapy, injections, lost wages, and attendant care.
DO I HAVE A MEDICAL
The term medical malpractice encompasses an extensive range of acts or failures to act. However, even though many things could be considered medical malpractice, this specific area of law can be tricky. This is because stringent guidelines must be met for a patient to have any chance of proving medical malpractice in court.
Additionally, medical malpractice does not just require legal expertise, but medical knowledge as well. The combination of these two complicated areas adds to the complication of medical malpractice cases, which is why a Haque Legal medical malpractice attorney would be to your benefit.
For this reason, it’s essential to speak with an experienced medical malpractice lawyer about your case before proceeding with what can be an expensive process. Approaching such a complicated area of both law and medicine alone could wind up wasting valuable resources, like time and money.
It should be noted that just because such cases are complicated, that doesn’t mean they are impossible to win. An experienced attorney with the necessary resources at their disposal is more than capable of getting an injured victim the compensation they deserve.
Reach out to us to schedule your free, confidential consultation and get more information.
WHY ARE MEDICAL MALPRACTICE CASES SO STRICT?
The guidelines that must be met are in place to help prevent—or at least deter—false medical malpractice claims. Personal health and well-being can change suddenly and seemingly without cause; it is human nature to want answers and closure. Hospitals, medical professionals, and other figures in the healthcare industry often find themselves being wrongly accused. This has led most states to increase the difficulty of opening a tort case and lower the possible settlement from winning one.
Is a Doctor or Hospital Always Responsible for a
A hospital, doctor, or other health care professional is not liable for all the harm a patient might suffer. They are only legally responsible for harm or injuries that resulted from their deviating from the quality of care that a competent doctor would typically provide in similar situations, and which resulted in damage or injury for the patient.
EXPERT WITNESSES IN MEDICAL MALPRACTICE CASES
Medical malpractice cases rely heavily on the testimony of an expert witness who is there to help prove the defendant’s case by giving their expert medical opinion on the situation. The witness must be educated, trained, or have more or equal experience than the at-fault party in the matter being argued to be able to give a reliable opinion.
Michigan has certain guidelines for expert witnesses that are expected by the court to be met before the proceedings can move forward. Before the actual trial, the expert witness will give their testimony to the trial court judge without the jury present. The judge will then decide if their testimony is worthy of being presented to the jury.
Before this initial presentation of testimony to the judge, the defense expert reviews the case. During this period, they look at all the facts about their area of an expert to prepare their opinion on the matter. If the med-mal case is credible, the medical expert will arrive at a differing opinion than the defendant’s expert, or at least raise doubt in the minds of jurors that the defendant’s actions could have caused the injuries or death. Prepare for all of this with a Haque Legal lawyer by your side.
TYPES OF MEDICAL MALPRACTICE DAMAGES
Depending on the damage incurred, you may be entitled to a certain amount of compensation. However, this compensation is limited (usually termed capped) to a certain amount, which varies from state to state.
There are a few different types of damages you can seek due to medical malpractice:
- General Damages: These damages can range from life-altering pain and suffering to future lost earnings due to potential inability to work caused by the injury. For example, if a person was being drafted to the NFL and, as a result of medical malpractice, lost a limb, the potential earnings from the NFL may be sought as general damages. It also covers the general loss of enjoyment of life (known as hedonic damages). These damages are usually asked for and determined by the expert witnesses that testify.
- Special Damages: These are specific, calculable expenses like medical bills, lost wages from missed work, calculable future lost earnings from missing work, modifications to the home to compensate for a disability, etc. These damages can be proved by paperwork, receipts, or anything of the like and often require little to no testifying.
- Punitive Damages: The damages are separate from general and special damages and seek specifically to punish the doctor or healthcare provider for their actions. They are rare in medical malpractice, but it does happen. Punitive damages are usually reserved for the most extreme cases in which a provider’s actions were intentionally harmful and deplorable.
Regardless of the damages caused, Michigan has specific limits for compensation arising out of a medical malpractice case. Though it is growing harder to win a medical malpractice case due to increasingly stricter requirements, it is possible and does happen. You may have some leverage that you’re not even aware of that could be crucial to winning your case, so you need to talk to a Michigan medical malpractice attorney as soon as possible.
MICHIGAN STATUTES OF LIMITATIONS ON MEDICAL MALPRACTICE CASES
A statute of limitations is a state-imposed deadline on how long the injured party has to file a lawsuit against the healthcare provider.
In Michigan, the injured person, or their family, must begin filing the medical malpractice lawsuit within 2 years of discovering their injury. However, a victim has no more than six years in total from when the malpractice occurred. These restrictions are in place to deal with situations where a person didn’t know they were injured until much later. The time restriction is also meant to protect healthcare providers so they cannot be sued for a surgery they performed 10 years ago, during which time many other circumstances could have contributed.
Michigan does have one exception to this rule, which comes into play if the healthcare provider, surgeon, or doctor intentionally hid their medical malpractice from you. In this situation, the statute of limitations is 6 months from when the injury was discovered.
The statute of limitations for medical malpractice cases does not apply to cases involving minors, as long as they were under 18 at the time of the error or incident.
Pre-Suit Requirements on Statute of Limitations
In Michigan, a person injured by a medical professional is required to notify the health care provider of their intention to sue. This is notification must include an expert witness’s sworn statement on the merits of their med mal claim.
WE LOVE OUR CLIENTS
In every case, we take on, our priority is always to exceed your needs and expectations. We look at the big picture, so we can achieve the highest level of client satisfaction and client results possible.
Because we choose to work as a team, our clients benefit from our deep-rooted connections within the community and the strength of our networking power.
We are committed to the community that we serve and are always finding new ways to get involved and partner with nonprofits within Michigan.
WHY CHOOSE HAQUE LEGAL?
Medical malpractice is seldom intentional. Sometimes, healthcare professionals make personal decisions when trying to solve an issue. For example, a patient may show signs of severe nerve damage and high pain tolerance, so a chiropractor applies more force than usual, causing damage to a patient’s spinal cord and permanent paralysis. While this case is an extreme example meant for illustrative purposes, it’s not out of the realm of possibilities. The worst part is, that chiropractors, even though they had no intention of harming the patient, may end up facing no consequences, charges, limitations, or punishment. It’s usually a double-edged sword. Yes, accidents happen. And perhaps some sympathy for this chiropractor—who never meant to cause such life-changing and possibly life-ending harm—should be expressed. But NEVER should a patient who has received such damages be ignored because of it.
Here at Haque Legal, our medical malpractice lawyers fight to make things right. It’s unacceptable for a patient to be a victim of real, clear-cut medical malpractice. The last thing people expect is to be injured or made sick while in a hospital to get healthy. If you believe you may be a victim, we can help. There may only be a short window of opportunity for you to pursue your case, so don’t wait any longer. Our experienced medical malpractice attorneys are ready to fight to get you the compensation you deserve.