How to Prove and Win Your Medical Malpractice Case in Michigan

Medical malpractice is when a doctor, surgeon or other medical professional steps outside the norms of their profession by providing substandard care and puts a patient in harm’s way. Unfortunately, medical errors and mistakes often result in severe injuries or even death. If you or a loved one has been injured as the result of medical negligence, you will need an attorney who has the expertise to understand the legal and medical aspects of your case and the knowledge of how to prove and win your Michigan medical malpractice case.

The first step in a medical malpractice case is to establish that you had a doctor-patient relationship with the individual or entity that provided you with care. This relationship is established when the victim visits a doctor, nurse, surgeon or other medical specialist. Therefore, the medical records should be adequate to establish that a relationship existed.

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Surgical Errors and Michigan Medical Malpractice Lawsuits

Surgical errors are preventable mistakes that are the direct result of poor planning, inadequate procedures or sheer incompetence. Surgical errors are considered forms of medical malpractice if the surgeon’s negligent actions fall below an acceptable standard of care when compared to the actions of reasonably competent surgeons.

It is important to remember that all surgical procedures involve risk and patients can suffer a heart failure or stroke even when no mistakes are made. This is why patients are required to sign implied consent documents before going under the knife. This consent form does not, however, protect doctors from litigation when egregious errors cause harm to the patient.

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Giving the Gift of Sight May Come with Risks

A treatment to give limited vision to the legally blind has been officially approved by the Food and Drug Administration (FDA). According to a news report in The New York Times, the artificial retina, known as Argus II, allows people with a certain types of blindness to detect the presence of people or cars, crosswalks and even large numbers or letters. Many believe that the approval of this system is a major milestone for vision research.

The artificial retina is implanted in the eye and the patient is given glasses that have a portable video processor and camera. It essentially allows visual signals to bypass the damaged portion of the retina and go directly to the brain. The New York Times report suggests that approximately 100,000 Americans could benefit from this new technology but only fewer than 15,000 people suffering from retinitis pigmentosa will likely qualify initially. All potential candidates should know that this technology is very new and there are a number of potential risks and possibility of medical errors that have not been thoroughly tested or analyzed.

It is important to remember that all scientific breakthroughs go through a trial-and-error process. According to the Food and Drug Administration (FDA), of the 30 clinical trial patients tested with Argus II, 11 patients experienced a total of 23 negative effects. Some suffered from retinal detachment and an erosion of the clear covering of the eyeball. Individuals interested in receiving the implant will have to weigh the pros and cons of trying out a new medical procedure that is continuing to evolve.

It is all too common for patients who receive relatively new treatments to suffer unexpected side effects. Doctors must fully inform patients of the risks they face and the potential consequences of having a new procedure performed. When a patient suffers because of a defective device or as the result of mistakes made by a medical professional, he or she may be able to pursue financial compensation through civil litigation. Skilled Pennsylvania medical malpractice lawyers will be able to evaluate the circumstances of the incident and the legal options available for the victim.

Attorney Chris Davis Offers Legal Commentary on CDC Birth Injury Statistics

A recently released study from the Centers for Disease Control and Prevention shows that emergency complications in U.S. delivery rooms rose approximately 75 percent from 2000 to 2009. Seattle attorney Chris Davis offers legal insight into the issue of birth injuries and the complexity of medical malpractice claims.

Statistically speaking, America is one of the riskiest places on the planet for a mother to give birth to a newborn child. According to a recent report from the Wall Street Journal, a study released by the Centers for Disease Control and Prevention (CDC) shows that the frequency of emergency complications in delivery rooms throughout the United States increased roughly 75 percent from 2000 to 2009.

Christopher Davis, a medical malpractice attorney who has represented thousands of medical malpractice victims in his home state of Washington, says the CDC’s report sheds light on a complex issue that can potentially affect millions of families nationwide.

“The fact that complications during the delivery of a newborn have increased so substantially is very concerning, especially when you consider how devastating and life-changing these complications can be in the long run,” says Davis, founder of the Seattle-based Davis Law Group.

But the rate at which medical malpractice claims are resolved in favor of the victims and their families is even more concerning for patients’ rights advocates.

According to a report issued by the Office of the Washington State Insurance Commissioner, there were just 32 medical malpractice plaintiff verdicts or judgments in Washington state during the four-year period from 2008 to 2011. In that same period, 558 medical malpractice lawsuits were resolved in favor of the defendant.

“These statistics show that patients are naturally at a disadvantage when it comes to pursuing a medical malpractice claim in the U.S.,” Davis added. “It is important for patients to be aware of these risks so that they can be prepared to ask the right questions and advocate for their own best interests.”

With nearly two decades of experience as an attorney, Davis’s expertise the legal field has propelled him to write numerous books on personal injury law to better educate residents of Washington state. These popular legal guides, which Davis has branded as the Washington Accident Books series, have helped thousands of accident victims and their families better understand the personal injury legal process.

As a public service to those who have been victimized by the negligence of healthcare professionals during the delivery process, Davis is offering his child injury book, “Little Kids, Big Accidents: What Every Parent Should Know About Children & Accidents,” free of charge for a limited time. The twelve-chapter book outlines various potential types of injuries to children and includes important information for those interested in pursuing a claim.

To order a free copy of any of the Washington Accident Books, or to learn more about Christopher Davis and the Davis Law Group, visit the www.WashingtonAccidentBooks.com or call 206-727-4000.

About Chris Davis

Christopher M. Davis, founder of the Davis Law Group, has been a licensed attorney in the state of Washington since 1993. He has tried dozens of personal injury cases to verdict and has successfully handled and resolved hundreds of accident claims. He has been a Washington ‘Super Lawyer’ for seven years in a row for his expertise and success in litigating personal injury claims. You can learn more about the firm by visiting: http://www.DavisLawGroupSeattle.com.

Understanding Medical Malpractice

From time to time, medical professionals hurt the patients they are trying to help. Not all unfavorable medical outcomes, however, are considered malpractice. Anyone concerned that they have been harmed because of the negligence of a medical professional should discuss with a skilled attorney regarding what constitutes malpractice and how to seek compensation. When someone suffers an injury or illness because of the actions of a doctor, nurse or a hospital, the circumstances of the incident must be carefully reviewed. Medical malpractice occurs when a patient is injured as the result of a negligent act.

What constitutes a negligent act? There is a standard level of care that all medical professionals are expected to provide. When a doctor fails to meet a standard that is generally accepted, medical malpractice may have occurred. A skilled attorney is often needed to determine if the doctor or hospital treated the patient in a way that does not meet an acceptable level of care.

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Medical Malpractice Claims at Record Low in 2011

There is a widely recognized theory that frivolous medical malpractice suits are rampant and that they are crippling healthcare in the United States. Before accepting this theory as truthful, it is important to consider the facts. According to the national non-profit organization Public Citizen, malpractice payments were at their lowest level on record in the year 2011. In fact, the number of malpractice payments made on behalf of doctors fell for the eighth consecutive year in a row.

When considering whether or not there are too many medical malpractice suits, it is important to consider who benefits from spreading this type of misconception. Experienced Philadelphia lawyers will tell you that insurance companies have it in their best interest to dissuade individuals from filing medical malpractice suits. They declare them frivolous in an attempt to prevent future lawsuits. When fewer people file claims, there will be fewer payments to make to patients who have suffered the consequences of medical negligence. When reviewing statistics, it is clear that physician groups and policymakers have successfully restricted the legal rights of patients. We are now at a point where medical malpractice lawsuits are at an all-time low since the government began collecting malpractice data in 1991.

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Medical Malpractice Wrongful Death Lawsuits in Michigan

If a loved one has been killed by the negligence or wrongdoing of a doctor, it is crucial that you speak with an experienced medical malpractice lawyer right away. Family members of someone whose death resulted from medical malpractice may file a lawsuit against the hospital facility, the doctors, nurses or surgeons responsible for the tragic incident. These types of cases are complex and a skilled malpractice lawyer will be needed to protect your rights.

It is often difficult to determine if someone was killed by medical malpractice or by the disease or injury that led the victim to the hospital in the first place. To complicate matters, doctors or hospitals rarely admit fault in these cases because it is in their best interest to protect their reputation. Therefore, the family of someone killed by medical malpractice will often have an uphill battle when pursuing compensation for their losses.

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Teaching Hospitals and Medical Errors

It is reasonable to assume that skilled medical professionals will provide you with the utmost level of care during your hospital stay. No one should have to worry about the quality of care they are receiving or the level of experience of their care providers. There are times, however, when medical students are asked to perform tasks beyond their realm of experience and expertise. When medical students make mistakes, the resulting injuries can be catastrophic.

Knowledgeable New Brunswick medical malpractice lawyers know and understand that inexperienced medical professionals are prone to misdiagnosing injuries or illnesses, or give inaccurate treatments for diseases, infections or other ailments. These types of incidents can occur anywhere, but it is reasonable to assume that they are more common at facilities that allow students to make decisions without proper supervision.

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October is Breast Cancer Awareness Month

Every October, which has been designated as Breast Cancer Awareness Month, several national organizations join hands to raise awareness about breast cancer. According to The American Cancer Society, approximately 200,000 American women are diagnosed with breast cancer each year. It is important to remember how common breast cancer is especially because the number of women getting mammograms appears to be decreasing.

The American Cancer Society reports that 70 percent of women received mammograms in the year 2000. That number decreased slightly to 67 percent between the years 2005 and 2010. This decrease may be a direct result of our tough economic times and the expense of having adequate health insurance. The number of breast cancer deaths per 100,000 women has decreased from 33 in the year 1990 to 22 in the year 2009, but that number may not continue to go down if women do not get the diagnostic testing and the preventive care they need.

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What Exactly Does a Personal Injury and Medical Malpractice Lawyer Do?

Many times, when an injury happens, or a mistake is made in a hospital, someone needs to be held accountable. In the case of medical malpractice, a lawyer usually goes after the hospital or doctors that were involved in the case. For personal injury cases usually involve car accidents or other types of injuries caused because of a mistake. Here, are 5 things to know in what is involved in being a personal injury or medical malpractice lawyer.

Contingency
Often, when a person wants to sue a hospital or individual, they do not have money to initiate the lawsuit. This is where a contingency comes into play; the lawyer will only make money if they win the lawsuit. When a case is tried on a contingency basis, the lawyer will get a higher percentage of the amount won in court. This can be as high as 50 percent; it is determined when beginning the case. Contingency cases are excellent for both the lawyer and the client. The lawyer can make more money, and the client feels that they are getting someone who has an interest in the case.

Not Reckless
Many people view personal injuries unfavorably. They think that lawyers just chase cases and only care about money. In reality, they are providing a service to society. Not only do they help people without a voice get the compensation the deserve. They also help by holding people accountable for their actions. If a doctor has a lot of malpractice cases against them, they can lose their license. Since a lawyer takes cases on a contingency basis, they only take cases that are solid and are likely to be won.

Many Areas
A lawyer who practices personal injury or medical malpractice cases can practice other cases. Most lawyers find a field that interests them, and continue working in that field. This helps them become an expert in the field, and build a client base. A lawyer who works in medical malpractice could theoretically, represent a defendant at a murder trial.

Business
Just like other types of lawyers, a personal injury lawyer can join a firm or start a solo practice. A personal injury lawyer can become a partner at a law firm just like any other lawyer. Oftentimes, a lawyer who works alone gives more time to their clients, and is able to charge lower prices. Large law firms can offer a huge choice of lawyers, one that may work in a very specialized field. This is important when dealing with complex medical malpractice cases.

Criticism
Many medical malpractice lawyers have been criticized for their work. This is because many feel that they are out to make money and drive up costs for everyone. Most lawyers feel this is unfounded, and counter that they are making the world more honest and safe. Many doctors and hospitals would otherwise get away with gross failures that caused injuries or death.

Personal injury and medical malpractice lawyers are in abundance. They provide a service to a lot of people in need, while angering some in the process. In reality, they are another part of the system, and certainly not a problem. Many lawyers get started in medical malpractice simply because the money that can be earned.
David Cook writes about personal injury, law & more at http://www.grouphealthinsurance.org

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