Medical

Malpractice

Upper Michigan

Medical Malpractice

Attorneys

We often turn to family doctors, surgeons, dentists, nurses, physician assistants and other healthcare providers when the stakes are at their highest. We trust medical professionals with our well-being and the well- being of our loved ones. Unfortunately, sometimes they do not provide the required level of care. When this happens, a person can suffer a serious injury, or even death. If you or a loved one were harmed by the malpractice of a medical professional, our Upper Peninsula medical malpractice attorneys can assist you in recovering the compensation you deserve to pay for medical bills, lost wages, pain and suffering and other harms suffered. Contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448- 4249, info@upinjurylawyers.com, or click here for a free consultation at any time, including nights and weekends.

What is Medical

Malpractice?

Two things distinguish a medical malpractice case from an ordinary negligence lawsuit. To be considered a medical malpractice claim: 1. The conduct complained of must have happened in the course of a professional relationship; and 2. The complaint must raise issues of medical judgment that are not within the common experience or knowledge of laypersons (non- professionals). That said, the proof required in a medical malpractice case is relatively similar to that required in an ordinary negligence lawsuit. In a medical malpractice case, the injured party must prove the following: • The doctor or other healthcare provider failed to provide the patient with an acceptable level of care; • The patient was injured; and • The substandard care caused the injury.

Who Can I Sue for Medical

Malpractice?

Michigan law provides an expansive list of those who may be sued for medical malpractice. MCL § 600.5838a refers to the following: 1. Licensed healthcare professionals. 2. Licensed health facilities or agencies. 3. Employees or agents of healthcare facilities, or agencies who engage or assist in medical care or treatment. The following, though not comprehensive, is a list of potential defendants in a medical malpractice lawsuit: • Surgeons. • OB/GYN. • Primary care physicians. • Anesthesiologists. • Dentists. • Nurses. • Physician assistants. • Hospitals.

What Damages Can I Recover?

Like in other personal injury cases, you may be entitled to compensation for the following: • Medical expenses. • Lost income. • Lost earning capacity. • Physical pain and suffering. • Fright and shock. • Mental anguish. • Denial of social enjoyments and pleasures. • Humiliation, embarrassment and mortification. • Disability and disfigurement.

What Deadlines Apply to My

Michigan Medical Malpractice

Case?

Michigan has strict prelawsuit deadlines that must be met. If these time limits are not met, you may lose your ability to bring a lawsuit. The following are some general rules to keep in mind: • Under MCL § 600.4903, the judge must refer the case to mediation not more than 91 days after the defendant files an answer to the complaint. • MCL § 600.2912b requires the injured patient to give the health facility or health professional notice of intent to sue at least 182 days before filing the lawsuit. • Subject to exceptions, the injured patient must file a lawsuit within the later of two (2) years from the date of the alleged malpractice, or six (6) months from the time the patient discovered or should have discovered his or her claim. • Note that other deadlines may apply, including when bringing claims against governmental entities.

Contact an Upper Michigan Medical

Malpractice Attorney for a Free

Consultation

A skilled Upper Peninsula medical malpractice attorney can help you determine: • Applicable deadlines; • Proper parties to sue; • Available sources of payment; and • Legal theories to pursue. We can analyze your case and inform you of your options at no cost. If we do take your case, we only earn a fee if we recover for you. If we are not successful, it costs you nothing. If you or a loved one suffered an injury or death due to medical malpractice, contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448-4249, info@upinjurylawyers.com, or click here for a free consultation.