When doctors, nurses, hospital staff and other health care providers deviate from the accepted medical standard of care, it can result in serious, life-altering injuries for victims and their loved ones. The legal team at Jay Trucks & Associates is well-versed in medical malpractice laws and how they may apply to your situation.
They have been a great law firm! Todd has answered every question truthfully and helped me along the way… I would recommend Jay Trucks & Associates to anyone.
We have a proven track record of recovering more than $500 million in compensation for our clients and we understand how to build a robust argument for your medical malpractice damages lawsuit.
Contact a Traverse City medical malpractice lawyer at our firm for a free consultation to learn whether you may be eligible to take legal action.
There are no upfront fees to hire our firm. We are available to take you call anytime.
Jay Trucks & Associates. Ph: (800) 762-8623.
Common Causes of Medical Malpractice
Actions and lack of action on the part of a health care provider could be deemed medical malpractice. Claims of medical malpractice usually involve one of the following:
- Diagnostic failures – This could include a doctor who misdiagnoses a patient’s illness or failure to discover a patient’s true diagnosis that would have led to a better outcome. A patient injured as a result of a diagnostic failure may be able to file a medical malpractice claim.
- Incorrect treatment – When a doctor treats a patient in a manner or with medication that another competent doctor would not have used in the same situation, it could be medical malpractice. Another type of case is when a doctor knows the correct treatment but neglects to administer it correctly.
- Failure to inform of risks – A doctor is legally obligated to properly warn patients of any known risks before a procedure or treatment to prevent harm. Failure to do so could be grounds for a malpractice claim.
How Can You Prove a Case for Medical Malpractice?
Proving a case for medical malpractice requires more that determining that a medical error was made or that a patient had a bad outcome. Under Michigan law, our lawyers need to prove the following elements:
- The existence of a doctor-patient relationship, meaning the doctor agreed to diagnose and treat you. Once this relationship was established, the doctor owed you a duty of care to prevent harm to you.
- The doctor failed to uphold this duty by acting carelessly or negligently. The medical care or treatment provided was below the acceptable standard of care.
- The doctor’s negligence directly caused your injury and would not have otherwise happened.
- You suffered actual damages as a result of medical malpractice, such as medical expenses.
Health care providers could be held liable for medical malpractice, such as:
- Medical practices
- Urgent care centers
Cases involving medical malpractice can be complex and challenging to prove without an experienced lawyer by your side. Our Traverse City medical malpractice lawyers are standing by to take your call.
Jay Trucks & Associates. Free Consultation. Ph: (800) 762-8623.
Medical Negligence Compared to Medical Malpractice
Medical malpractice and medical negligence are both distinctly different, but closely-related terms. The difference between the two comes down to one word: intent.
Medical negligence means the health care provider failed to do something, which in turn caused harm. This failure is usually caused by mistakes in care or treatment. In medical malpractice, the health care provider knew something that could either help or harm the patient and chose a method of treatment that harmed the patient.
What is the Value of My Medical Malpractice Case?
This answer will depend on several factors, such as the type and extent of your injury, medical treatments you have received and will need to receive in the future, your anticipated recovery time and other factors.
Generally, medical malpractice victims could pursue compensation in the form of:
These damages are meant to compensate you for any losses endured and to try to get you back to where you were prior to your injury. Compensatory damages can be economic and non-economic.
Economic or monetary losses could include:
- Medical bills
- Emergency services
- Assistive medical devices
- Medical tests
- Travel costs to/from doctor visits
- Physical therapy
- In-home care
- Loss of wages
Non-economic or non-monetary losses could include:
- Pain and suffering (physical and mental)
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Michigan law does place a cap or limit on non-economic damages for medical malpractice claims. The cap is at $495,700 for cases filed in 2020. If you suffer from a qualifying permanent disability, this cap can go up to $842,500. These disabilities could include permanent cognitive damage as well as paraplegia or quadriplegia.
Not to be confused with punitive damages, which are meant to punish the at-fault party for malicious or intentional negligence and discourage others from acting in the same manner, exemplary damages can be awarded in Michigan medical malpractice cases.
These damages are issued when a health care provider’s willful acts were malicious or grossly negligent with disregard for a victim’s rights, causing feelings of mental anguish, humiliation, outrage or increased harm.
Our legal team is prepared to pursue the full value of your damages, should we represent you.
Do I Have to Pay Taxes on A Medical Malpractice Settlement?
You may have to pay taxes depending on the type of damages awarded. For instance, if you obtain compensation for non-economic damages to help cover medical bills, it is not considered taxable income. However, if you obtain compensation for emotional distress or mental anguish, these non-economic damages are usually taxable unless directly related to a physical injury.
Why You Should Contact a Lawyer from Jay Trucks & Associates
The last thing victims of medical malpractice want to deal with is navigating the legal process. Those who hire legal representation typically obtain more compensation than those without legal representation. That is why we recommend contacting a licensed lawyer.
Those who hire legal representation typically obtain more compensation than those without legal representation.
At Jay Trucks and Associates, we have an entire team of investigators, paralegals and support staff prepared to build a strong case on your behalf against those responsible for causing you harm. This includes gathering supportive evidence, such as medical records, photographs of your injuries, witness statements and expert testimony.
Unlike the insurance companies, we have your best interests in mind. We know the tactics insurers often use to devalue or deny claims. This includes trying to have you sign a medical authorization form to have access to your entire medical history to dispute your injury or give a recorded a statement to try to get you to sound less credible and contradictory. If you have a case, our firm is willing to handle all communications and negotiations with the insurance company as we try to pursue maximum compensation for you.
Contact our office today by calling (800) 762-8623.
Statute of Limitations for Medical Malpractice Claims
Michigan’s statute of limitations places a limit on the amount of time in which you can take legal action. Failure to follow this time limit could result in the court dismissing the case and you being unable to pursue compensation.
Most medical malpractice claims must be filed within two years from the date of the injury. The deadline could be shortened or extended in certain cases. If the injury was not discovered within two years, you have six months from the date you discovered your injury or should have reasonably discovered it to file a claim.
Nonetheless, all medical malpractice claims need to be filed within six years of the date of the last act or omission giving rise to the cause of action. A dedicated Traverse City medical malpractice attorney from our firm is prepared to review your claim to determine the deadline that applies to you.
Some Examples of Medical Malpractice
Medical malpractice can happen at any stage of care, including diagnosis, treatment, aftercare and health management.
Some of the most common examples of medical malpractice include:
An incorrect medical diagnosis can cause a patient to suffer serious and potentially life-threatening injuries. Doctors may incorrectly inform patients that they do not have certain illnesses or diagnose patients with illnesses they do not have. Misdiagnosed conditions could include cancer, heart attacks and pneumonia.
A delay in treatment can prevent a patient from being given the proper treatment options. The longer a patient goes with an accurate diagnosis, the greater the risk of his or her condition becoming worse. For instance, cancer progresses through several stages and when identified early, it can impact whether the illness is treatable. Catching the disease in its later stages because a doctor failed to identify the appropriate diagnosis can be fatal. It could also cause a patient to undergo unnecessary treatments that can be painful.
This could include errors with dosage amounts, administration methods, and mixtures or interactions among drugs. Medication mistakes can severely injure patients. Health care providers may administer medications that cause allergic reactions in some patients because they failed to check their patient’s medical history.
These errors can happen during an operation when a surgeon fails to follow established procedures, operates on the wrong patient, leaves a surgical tool inside the body, fails to protect the surgical site from infection or performs an necessary procedure. Surgical errors can cause sepsis, blood clots, and acute respiratory failure.
Errors with anesthesia can cause extreme complications that may result in permanent brain damage or lead to death. An anesthesiologist may give the wrong kind of anesthesia or dosage amount, fail to recognize and respond to complications or insufficiently monitor a patent during anesthesia.
A birth injury can have tragic consequences for the mother and child. A health care provider may fail to identify an ectopic pregnancy, insufficiently monitor signs of fetal distress, fail to perform a timely C-section, use birthing equipment improperly or mishandle the labor and delivery process altogether.
Get in Touch with Our Traverse City Medical Malpractice Lawyers
Have you been harmed by a negligent health care provider?
Certain legal options may be available to pursue compensation. We recommend getting in touch with a lawyer as soon as you can to determine whether you may have a case. Our Traverse City medical malpractice lawyers at Jay Trucks & Associates have recovered millions in compensation for Michigan residents.
Our consultations are completely free and there are no upfront fees to use our services. We only get paid if we successfully help you obtain compensation through a settlement or verdict.
Schedule your free case evaluation today. (800) 762-8623.