Medical Malpractice
Medical malpractice is a form of negligence involving the failure of a medical
professional (a doctor, nurse, medical technician, psychiatrist, hospital,
dentist, or other health care provider) to use adequate levels of care, skill or
diligence in the performance of his or her professional's duties, which causes
injury. The determination of whether a medical professional met his or her duty
of care is based upon the standard of care for the professional in their
community, i.e., what other professionals in the same field and geographical
area do for their patients. In the case of a doctor who is a medical specialist,
the standard of care is determined by the standard of good medical practice in
that specialty within the community.
It is important to remember that the duty of a medical professional is not the
duty to cure, or even to guarantee a good outcome from treatment. Medical
malpractice does not occur every time medical treatment is not successful.
Rather, the duty is to provide good medical care according to accepted standards
in the community, or, in the case of a specialist, accepted standards in that
medical specialty. Medicine is not an exact science, and doctors are not
required to be right every time they make a diagnosis. A misdiagnosis can be
arrived at even when all proper tests are performed accurately or evaluated by a
skilled doctor with the utmost care. A misdiagnosis becomes malpractice,
however, if the doctor fails to get a medical history, order the appropriate
tests, or recognize observable symptoms of the illness. In Michigan in order to
prove that you were injured due to the failure of a health provider you must
show:(1) The health care provider failed to exercise a duty of care and (2) The
failure was the proximate cause of the injury. M.C.L.
� 600.2912(a).
If you or a loved one has been injured as a result of possible medical
malpractice, call Buchanan & Buchanan, P.L.C. now at (616) 458-2464 or Toll Free: (800) 272-4080
or CLICK HERE TO SUBMIT A SIMPLE
CASE FORM. The initial consultation is free of charge, and if we agree to
accept your case, we will work on a contingent fee basis, which means we get
paid for our services only if there is a monetary award or recovery of funds.
Don�t delay! You may have a valid claim and be entitled to compensation for your
injuries, but a lawsuit must be filed before the statute of limitations expires.
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