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Medical malpractice occurs when a health care provider, such as a doctor, nurse or surgeon, causes harm to a patient due to negligence or wrongdoing. The negligence might be due to errors in diagnosis, treatment or aftercare. When this happens, the victim may be eligible to file a medical malpractice claim.

My experience with your firm has been great! I’m very grateful for what you have done for me…
– C. Lockwood

The lawyers at Jay Trucks & Associates have helped many injury victims and their loved ones in the Lansing area and throughout Michigan obtain the compensation needed for the economic and non-economic losses they have suffered. With over 150 years of combined legal experience, we have successfully recovered more than $500 million in recoveries on behalf of our clients.

A Lansing medical malpractice lawyer is ready to meet with you during a free consultation. This meeting will help us determine whether you may have a valid claim, and we can also discuss your potential legal options to obtain a recovery. You are under no obligation to hire us, but if you do, there are no fees unless and until we help you win.

Contact us online or call 24/7 at: (800) 762-8623

Why Medical Malpractice Happens

Incidents of medical malpractice resulting in harm to a patient typically fall into one of three categories:

Proving Medical Malpractice

Health care providers sometimes make mistakes. Proving that these errors were caused by negligence or a failure to provide reasonable care can be difficult. Hospitals and doctors have several resources at their disposal to protect themselves from medical malpractice. This is why you need an experienced attorney on your side.

Our Lansing medical malpractice attorneys have decades of experience handling these types of cases and are prepared to determine who was at fault for your injury and stand up to them for causing you harm. Doing so means establishing that the health care provider failed to give care within the accepted medical standards.

Four elements of negligence must be proven:

Medical malpractice victims have some difficult legal hurdles to overcome but having a qualified lawyer who is willing to advocate for your best interests could be beneficial to any case.

Free Consultation. No risk in calling us. (800) 762-8623.

How is Medical Malpractice Different From Medical Negligence?

Although medical malpractice and medical negligence are closely related, both terms are different. Medical malpractice is a negligent act or omission by a health care provider who knew he or she should have done something to treat the patient but failed to do it. However, medical negligence does not involve intent. The health care provider made a mistake in treating the patient and the patient suffered harm.

What Forms of Compensation Could I Pursue?

If you have a valid claim for medical malpractice, you may be eligible to pursue compensation for a variety of damages. The damages awarded and their award amount will be based on factors unique to your situation.

Economic Damages

These damages help reimburse victims for financial costs related to the malpractice. This may include medical expenses related to treatment or physical therapy, stays in the hospital, transportation to and from doctors’ visits, corrective surgeries, prescription and over-the-counter medications, assistive devices, and so forth. Economic damages could also cover loss of income if your injuries caused you to miss work for some time.

Non-Economic Damages

Non-economic damages help reimburse victims for the pain and suffering they have endured but are less easy to calculate, such as:

  • Physical pain
  • Mental suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Diminished quality of life
  • Loss of companionship with a spouse.

Non-economic damages could also cover loss of future earning capacity if your injury caused by malpractice resulted in a permanent disability.

Michigan does impose caps on non-economic damages for medical malpractice claims. For any cases being filed in 2020, the cap is at $495,700. This cap can increase to $842,500 for certain permanent disabilities, such as permanent cognitive damage rendering you unable to make life decisions or take care of everyday tasks, permanent damage to the reproductive organs rendering you unable to procreate, and brain or spinal cord injuries that result in paraplegia or quadriplegia rendering you unable to move an entire limb.

Exemplary Damages

Not to be mistaken with punitive damages, exemplary damages can be awarded in Michigan medical malpractice cases when the other party’s willful acts were malicious or grossly negligent with a disregard for a victim’s rights and causing him or her to feel outrage, humiliation, increased harm or mental anguish.

Set up your free consultation with a Lansing Medical Malpractice attorney today: (800) 762-8623.

Deadline for Filing a Medical Malpractice Claim

Medical malpractice victims in Michigan must file a claim generally within two years from the date of the injury. There are exceptions to this two-year deadline in certain situations.

For instance, if your injury caused by malpractice was not discovered until after the two years had passed, you have six months from the date the injury was reasonably discovered to file a claim. All medical malpractice claims must be filed within six years after the act or omission giving rise to the claim.

A licensed Lansing medical malpractice attorney from our firm is ready to review your claim and help determine the deadline that applies to your particular circumstances.

Common Types of Medical Malpractice

Although many people who seek medical care receive adequate treatment, medical malpractice can still happen. The most common types of medical malpractice include, but are not limited to:

Diagnosis Errors

Poorly trained health care providers or those who do not order appropriate diagnostic tests can cause a patient harm with an incorrect diagnosis. Conditions often misdiagnosed include infections, heart attacks, heart disease, blood clots and tumor or masses inside a patient’s body. These errors typically occur at a later date, which could cause a patient’s condition to worsen and could limit his or her options for treatment.

Medication Errors

Medications are being readily prescribed more than ever before, making drug errors a common type of medical malpractice. This can happen when a health care provider gives a patient the wrong medication, fails to give the appropriate medication at the correct time, gives a patient an incorrect dosage, or fails to notice a harmful drug interaction. These errors can cause a patient to suffer serious side effects or possibly overdose.

Surgical Errors

Although spinal surgery and gastrointestinal surgery account for most surgical errors, it can happen even during routine operations. Surgeons could be liable for medical malpractice if they perform the wrong procedure, operate on the wrong patient or body part, leave sponges or other surgical instrument inside the body, or fail to follow proper sanitary procedures. These errors can result in severe, life-changing injuries.

Anesthesia Errors

Anesthesia errors can happen when an anesthesiologist administers an incorrect dosage, delays the delivery of anesthesia, fails to monitor the patient during a procedure, or fails to recognize and respond to anesthesia complications. These errors can cause a patient to suffer permanent brain damage or even death.

Childbirth Errors

When a health care provider is not mindful of the potential complications that can arise during labor and delivery, both the mother and child can suffer harm. Childbirth errors often happen due to a failure to monitor or recognize a mother’s condition or fetal distress, failure to stop a long labor, delays in a C-section delivery or poor use of birthing instruments. A child can suffer nerve damage and developmental delays.

Speak With a Lansing Medical Malpractice Attorney

Victims of medical malpractice could be eligible to pursue compensation for injuries and other damages caused by diagnostic errors, inadequate treatment and poor aftercare. If you or someone you care about has been injured by a negligent health care provider, our Lansing medical malpractice attorneys are here to help.

Jay Trucks & Associates has been representing injury victims in Ingham County and across Michigan state for more than 30 years. We have a proven track record recovering millions in compensation for our clients. You may be able to obtain compensation to help cover costs for your medical expenses and loss of wages.

A consultation with our firm is free of charge with no obligations involved. There are no upfront fees for our services unless we help you obtain a recovery. We are available day or night to take your call or chat online.

Call us today at (800) 762-8623. Free Consultation.

Hospitals, doctors and other medical professionals are expected to provide a certain standard of care. However, if a patient is harmed because the health care provider failed to meet that standard and an injury was caused, the victim may have grounds for a medical malpractice claim.

From day one, my attorney and the office staff at Jay Trucks & Associates went above and beyond what I expected. I was treated as a person, not just a client…
– D. Lathrop

For over three decades, the legal team at Jay Trucks & Associates has been representing Michigan injury victims, helping to recover compensation for any medical, physical and financial harm caused by negligence or wrongdoing. We have been able to recover more than $500 million for our clients.

A member of our legal team is ready to take your call and arrange a free and confidential consultation with a Grand Rapids medical malpractice attorney. After reviewing your situation and legal options, you are under no obligation to move forward and there are no upfront fees for our services. We only receive payment if we help you obtain compensation.

We are available 24/7 to take your call at (800) 762-8623.

How Does Medical Malpractice Happen?

Medical malpractice can happen when a medical professional neglects to provide adequate treatment, fails to take appropriate action, or gives substandard care that causes injury or death to a patient.

A number of situations can lead to a medical malpractice claim, often including failure to diagnose or treat an illness or warn a patient of known risks of treatment. Examples include a surgeon leaving tools inside a patient’s body during an operation, a doctor incorrectly prescribing a medication that interacts dangerously with other drugs, or an anesthesiologist failing to review a patient’s medical records for allergies or other complications.

If you are uncertain if you have a medical malpractice claim, call (800) 762-8623 today.

Proving A Medical Malpractice Claim

To prove medical malpractice, four elements must be established:

Medical malpractice claims can be difficult to handle without the legal knowledge and experience of an experienced lawyer. Our legal team is well-versed in state medical malpractice laws and knows how these laws may apply to your situation.

We are also prepared to find an expert witness to complete an affidavit of merit, if we find you have a valid claim. Michigan law requires this affidavit to be filed with any medical malpractice complaint, and it must explain how the standard of care was breached (Michigan Compiled Laws § 600.2912d).

There are specific criteria on who qualifies as an expert witness and our lawyers can handle finding an individual who would work for your case, if we validate your claim. For example, if you are filing a claim against a general practitioner, the expert witness could be someone who was in active clinical practice in the year preceding the date of the alleged medical malpractice.

Difference Between Medical Negligence and Medical Malpractice

It is important to note that medical malpractice and medical negligence are terms closely associated with one another but are not the same thing. Medical malpractice involves a negligent act or omission that a doctor was or should have been aware of whereas medical negligence is unintentional and there was no intent to cause harm.

Damages Awarded for Medical Malpractice

If you have been the victim of medical malpractice and have a valid claim, you may be eligible to recover a variety of damages. The damages awarded will depend on your individual situation and could include:

Special Damages

These damages help cover monetary losses that can be easily quantified through medical bills or pay stubs, such as past, current and future medical costs, hospital stays, emergency services, medications, rehabilitation services and therapy. If you also missed work due to an injury, loss of wages may be compensable. If you are permanently disabled and unable to do the same job as before, you may be eligible for compensation for lost earning capacity.

General Damages

These damages are harder to quantify since they have no actual monetary value, such as physical and mental pain and suffering, loss of enjoyment of life, and loss of companionship with a spouse or partner. Michigan does place a cap on how much is recoverable for these damages. The cap is $495,700 for cases filed in 2020.

The cap increases to $842,500 for certain kinds of permanent disabilities:

Exemplary Damages

While other states may issue punitive damages, which are meant to punish the at-fault party for reckless negligence, Michigan is not one of them. The state does however issue exemplary damages. These damages are awarded when another party’s willful or apparent disregard for a victim’s rights causes him or her to feel mental anguish, outrage, humiliation or increased harm.

Learn more about the potential value of your claim during a free consultation. (800) 762-8623.

Are Medical Malpractice Settlements Taxable?

It depends. Certain circumstances must be considered that will determine whether or not you have to pay taxes on a medical malpractice settlement. Generally, special damages are not taxable income, but general damages such as emotional distress are taxable unless they are directly connected to a physical injury.

Is There a Time Limit To Take Legal Action?

In Michigan, victims of medical malpractice usually have two years from the date of the injury to file a claim for compensation. There are certain exceptions to this rule.

If the injury was not reasonably discovered before the two-year deadline passes, such as in cases involving a delayed diagnosis, victims have up to six months from the date the injury was discovered to take legal action.

Regardless, medical malpractice claims may not be filed more than six years after the act or omission giving rise to the claim. A licensed Grand Rapids medical malpractice lawyer from our firm is prepared to help determine the deadline applicable to your situation.

Call at Jay Trucks & Associates to get started. (800) 762-8623.

Different Types of Medical Malpractice

Medical malpractice can arise during any stage of treatment and take many forms. Examples include:

Medical malpractice can be caused by many things, such as a lack of communication between medical professionals or with a patient. Doctors could also be tired, leading to surgical errors, such as damage to internal organs or anesthesia errors that may cause brain damage. Hospitals can be hectic places, which could easily cause medication errors or failure to document a patient’s allergies to medications.

Reach Out to a Grand Rapids Medical Malpractice Lawyer Today

Filing a medical malpractice claim could help victims recover compensation for an injury or death that resulted from substandard treatment. If you have been harmed by a negligent medical professional, you should consult with a licensed lawyer as soon as possible.

Our legal team at Jay Trucks & Associates has represented many injury victims in Kent County and throughout Michigan state. We have also helped recover more than $500 million in compensation for our clients. This includes compensation to cover medical bills related to hospital stays, revision surgeries and medications.

Our consultations are completely free and come with no risk or obligation to hire our Grand Rapids medical malpractice attorneys. Any upfront fees are waived unless we are successful in helping you obtain compensation.

Call us 24/7 at (800) 762-8623.

Medical malpractice cases arise when doctors, nurses or other medical professionals deliver improper or harmful medical care to a patient. If this has happened to you, you may be eligible to file a claim for damages.

What I most appreciated was how informative every step was. I always knew what was going on and what to expect…
– K. Cowick

With over 150 years of combined legal experience, Jay Trucks & Associates has helped many medical malpractice victims in the Flint area and across Michigan state to obtain the compensation needed to move forward with their lives.

Our legal team understand how to build a strong medical malpractice case and can help to explain your legal options in easy-to-understand terms.

A Flint medical malpractice attorney from our firm is available to review your potential claim and discuss the legal options that may be available to you. The initial consultation is free and no fees are involved unless we obtain a recovery on your behalf.

Free Consultation. Ph: (800) 762-8623.

Why Does Medical Malpractice Happen?

A doctor’s actions or inactions may be considered medical malpractice if he or she:

Generally, medical malpractice claims fall into one of three categories:

How Can You Prove Medical Malpractice?

The ability to prove medical malpractice generally means establishing that the doctor or medical professional did not provide care within the accepted standards of the medical community, either through a negligent act or omission, causing injury to a patient. That negligence could be the result of errors in diagnosis, treatment, aftercare or health management. However, these types of cases are often too complex to handle alone.

This is why we recommend consulting with an experienced attorney who is well-versed in negligence and medical malpractice laws for the state of Michigan and how these laws may apply to your situation. A Flint medical malpractice lawyer from our firm is prepared to help you prove the elements of negligence required:

Need legal help? Ph: (800) 762-8623.

Difference Between Medical Malpractice and Negligence

Sometimes medical malpractice and medical negligence are used interchangeably when discussing this type of personal injury case. While these terms are closely connected, they are not exactly the same. Medical negligence is simply one component of medical malpractice.

Medical negligence occurs when a doctor or other medical professional fails to meet the standard of care. The mistake, error or oversight was not intentional or was not reasonably discovered at the time care was being issued. It may be determined to be malpractice if established that another similar doctor would not have made the same mistake.

When a doctor or medical professional makes a careless mistake and a patient suffers, this could be considered an act of medical malpractice. The doctor was aware or should have been aware of the potential consequences of his or her actions or inactions.

For instance, a doctor fails to diagnose a patient with cancer, even though the patient’s medical records show possible signs of cancer. The patient is not diagnosed until weeks or months after the initial symptoms began and now has to battle an aggressive form of the disease that could potentially be fatal.

Common Examples Of Medical Malpractice

Medical malpractice can happen during the course of any treatment. The most common examples include:

Misdiagnosis

Misdiagnosing an illness or delaying a diagnosis altogether can be damaging to a patient’s well-being. Failing to diagnose a patient correctly stops him or her from receiving the treatment needed early on. This can cause the illness to progress and become more serious.

Incorrect Medication

Incorrectly prescribing medications or administrating drugs can result in overdoses, fatal interactions and other harmful side effects. This can happen when a patient is given the wrong drug for an illness, receives another patient’s medication, or the wrong dosage of medication is administered.

Surgical Mistakes

Surgeons can make mistakes, and in the operating room this can result in life-changing injuries, such as disfigurement, disability or death. Some examples of surgical mistakes include:

  • Leaving surgical tools inside a patient’s body
  • Operating on the wrong body part
  • Failing to sterilize surgical equipment
  • Negligent post-operative care
  • Failing to properly monitor an infection

Anesthesia Errors

Errors that occur while administering anesthesia could cause permanent brain damage or death. This can happen if an anesthesiologists gives an incorrect dosage or fails to review a patient’s medical records for potential allergies, heart-related issues, high-blood pressure, or other previous anesthesia complications.

Childbirth Injuries

Injuries that happen during the labor and delivery process can cause life-long harm to a child, such as cerebral palsy, nerve damage and developmental delays. An injury may happen if a doctor fails to monitor for fetal distress, delays a C-section, improperly uses birthing tools or fails to diagnose a mother’s medical condition.

What Forms of Compensation May Be Available?

If you have a valid claim, you may be eligible to seek compensation for a number of damages based on factors unique to your situation. These damages typically come in two forms: economic and non-economic.

Economic damages help to reimburse victims for financial losses that can easily be calculated based on bills or paychecks, such as medical expenses, rehabilitation, physical therapy, prescription medications, as well as past and future loss of earnings and employment benefits.

Non-economic damages are difficult to calculate because they contain no monetary value, such as pain and suffering, emotional distress, loss of enjoyment of life, diminished quality of life and loss of companionship. The state does place cap or limit on these damages – for cases being filed in 2020, the cap is $495,700.

Although Michigan does not award punitive damages meant to punish the at-fault party for reckless negligent or malicious intent, exemplary damages are available. These damages are awarded when the at-fault party’s willful or complete disregard for a victim’s rights causes the victim to feel mental anguish, humiliation, outrage, or increased injury.

A Flint medical malpractice lawyer is ready to discuss your likely damages in a free consultation. (800) 762-8623.

No Obligation. Free Case Evaluation form.

Filing a Medical Malpractice Claim in Michigan

Michigan adheres to a statute of limitations that puts a time limit on your right to file a claim. Not filing before the deadline expires may result in a court dismissal of the case and an inability to recover damages.

Generally, medical malpractice claims must be filed within two years from the date of the injury. There could be certain exceptions that exist. If the injury was not discovered at the time the malpractice occurred, such as a delay in diagnosis, you have six months from the date of discovery. All claims however must be filed within six years of the date of the act or omission giving rise to the claim in accordance to state law.

Call a Flint Medical Malpractice Lawyer For Legal Help

If you believe you are the victim of medical malpractice, you may be able to take legal action against the negligent doctor or medical professional who caused your injury.  Our lawyers at Jay Trucks & Associates have helped obtain millions in compensation on behalf of our clients throughout Genesee County.

We welcome the opportunity to review the details of your claim and are available to help you today. Our consultations are 100 percent free and come with no obligation to move forward. We charge no upfront fees for using our services and only receive payment if we successfully help you recover compensation.

A Clare medical malpractice lawyer from our firm is ready to come visit you at McLaren Flint Hospital or another health care facility in the area if you are physically unable to come to our office.

Jay Trucks & Associates. Free Consultation.
Ph: (800) 762-8623.

If you were injured during a medical procedure or developed an illness after undergoing medical treatment, you may be able to file a claim for compensation. Talking to an experienced medical malpractice attorney about what happened could be an important step as you consider possible legal options. The attorneys at Jay Trucks and Associates have been representing Michigan injury victims for more than 30 years. Our firm has been able to recover over $500 million in compensation on behalf of our clients.

Contact the Clare medical malpractice attorneys at Jay Trucks and Associates for a free review of your claim. There are no upfront fees or obligations. Unless you receive compensation, we do not get paid.

Free Consultation. No Upfront Fees. (800) 762-8623

How Do I Know if I Have a Case?

The burden of proof is on the victim, which means you or your lawyer must be able to prove the defendant engaged in some form of medical malpractice.

Your lawyer must establish four things:

Our dedicated team of legal professionals is prepared to answer any questions you may have about your medical malpractice claim. If you have a valid claim, we are prepared to manage the entire legal process, from investigating to gathering medical records, talking to witnesses, negotiating for fair compensation and preparing for trial if necessary.

Do I Need to File my Claim by a Certain Time?

Under the Michigan statute of limitations, a medical malpractice claim must be filed within two years of the date of the injury. However, if you did not discover the injury when it happened, such as in a misdiagnosis claim, you must file within two years of the injury or six months of the date you discovered it, whichever date falls later.

Despite this exception, claims cannot be filed more than six years from the date of the act or omission that is the basis of the claim (Michigan Compiled Laws 600.5838a).

If you are unsure about the deadline for your claim, contact a knowledgeable Clare medical malpractice attorney from Jay Trucks & Associates. If you do not file before the deadline passes, you may lose the right to do so.

Compensation for a Medical Malpractice Claim

Medical malpractice can result in many damages, financial and otherwise.

Economic Damages

These are the financial damages that may result from a medical malpractice injury:

Non-Economic Damages

If you experienced physical pain and suffering due to your injury, your lawyer may be able to pursue compensation. Other non-economic damages may include:

Exemplary Damages

In some ways, these damages are like punitive damages awarded in other states to punish at-fault parties for severe negligence. However, exemplary damages are not meant as punishment. These are awarded as compensation for mental anguish, humiliation, outrage or increased injury to a victim’s feelings due to the at-fault party’s willful, malicious or wanton behavior or reckless disregard for a victim’s rights.

Our Clare medical malpractice attorneys have in-depth knowledge of medical malpractice cases and state laws that apply to these cases. If your claim is valid, we are committed to pursuing maximum compensation for the damages you suffered.

We can discuss the damages you may be eligible to pursue during your free case review. (800) 762-8623

Cap on Non-Economic Damages

Michigan is one of many states that places a limit on the amount of non-economic compensation you can pursue in an injury claim. The cap increases each year to account for inflation – in 2019 it was $489,400.

There is a higher cap for claims involving certain types of injuries. This cap also increases for inflation – in 2019 it was $832,000.

This higher cap applies if you or your loved one suffered:

Types of Medical Malpractice

Medical malpractice usually falls into one of three categories:

What Causes Medical Malpractice?

There are many reasons why medical malpractice occurs. Some of the most common are:

Call (800) 762-8623 to schedule your free consultation with a licensed Clare medical malpractice lawyer at Jay trucks & Associates.

Differences Between Medical Malpractice and Medical Negligence

Accidents and mistakes can happen when people receive medical treatment. This can be referred to as medical negligence. The treating doctors did not know about the error and there was no intent to cause harm.

The difference between medical negligence and medical malpractice is the doctor knows or should know about the standard of care in a situation. He or she should know taking certain actions or not taking certain actions could lead to the patient suffering an injury.

Unsure if you were a victim of negligence or malpractice? Our licensed Clare medical malpractice lawyers are available to answer your questions.

Is a Medical Malpractice Settlement Taxed?

The general rules are that punitive damages are taxed, along with compensation for things like emotional distress and interest on the settlement. However, compensation for economic damages is generally not taxed.

Discuss Your Claim with a Clare Medical Malpractice Lawyer Today

The licensed lawyers at Jay Trucks and Associates are available to discuss the details of your claim. We understand this may be a difficult time for you and your loved ones, which is why we are prepared to handle the entire legal process on your behalf, if you have a case.

We charge no upfront fees and you will not be billed unless we win fair compensation on your behalf. You will not be obligated to hire our firm to represent you, so there is no risk involved.

Our office is located at 600 Pine Street in Clare, Michigan, just two blocks away from the MidMichigan Medical Center.

Jay Trucks and Associates. Ph: (800) 762-8623

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.
– J.S

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:

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:

Health care providers could be held liable for medical malpractice, such as:

  • Doctors
  • Nurses
  • Surgeons
  • Radiologists
  • Pharmacists
  • Hospitals
  • Clinics
  • Medical practices
  • Urgent care centers
  • Dentists
  • Caregivers
  • Anesthesiologists
  • Pharmacists
  • Paramedics

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:

Compensatory Damages

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
  • Hospitalization
  • Medications
  • Assistive medical devices
  • Surgeries
  • Medical tests
  • Travel costs to/from doctor visits
  • Rehabilitation
  • 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.

Exemplary Damages

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:

Misdiagnosis

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.

Delayed Treatment

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.

Medication Errors

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.

Surgical Errors

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.

Anesthesia Errors

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.

Birth Injuries

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.