Medical Malpractice Attorneys
Oliver Bell Group Fights for Compensation for Clients Nationwide
When we put our trust in medical professionals, we expect to be well taken care of, but such is not always the case. In the event appropriate care has not been received, you can hold the negligent party responsible for the physical, emotional, or financial injury caused. Medical malpractice occurs when a medical professional fails to act within the professional standards they have sworn to uphold. While the vast majority of medical professionals fulfill their duties without exception, there are cases where medical negligence causes an injury that might otherwise have been prevented. This “medical negligence” may result in immediate harm, injury, long term disability or even death.
At the Oliver Bell Group, we are well equipped to help clients who have been on the receiving end of negligent medical practices. We assist clients who are dealing with disabilities, physical pain, medical expenses, lost income, and the other consequences of medical malpractice. Our experienced personal injury attorneys in Troy are dedicated to fighting for the compensation you deserve to help you move forward.
What Constitutes Medical Malpractice?
Medical malpractice can take many forms. Any negligent act or omission by a medical practitioner or someone claiming to be a licensed medical practitioner can be the basis of a malpractice lawsuit. Some breaches are more obvious than others. For example, a botched surgery is a clear case of malpractice. However, actions such as a misdiagnosis, failure to properly monitor a patient’s condition, or even something as simple as failure to properly administer a patient’s medication might be an indication of medical malpractice.
According to the state of Michigan, the following four requirements must be proven to have a viable case:
- A patient and health care provider relationship must be established.
- A breach of the applicable standard of care during treatment must be proven.
- Harm must have been caused to the patient as a direct result of said breach.
- Damages from the resulting injury in the form of physical or mental pain, medical bills, loss of wages, etc. must be proven.
Can Your Insurance Affect Claims?
Your health insurance provider can potentially insert a lien, also known as claim to assets, in your original contract, allowing them to take a piece of the awarded settlement compensation. However, it is our job to clean and negotiate leans down. At the Oliver Bell Group, we factor in liens before negotiating a settlement on your behalf or advising you to accept a settlement.
Medical Malpractice VS Defective Drugs and Devices
When comparing medical malpractice to medical product liability, it’s important to understand their differences. Medical malpractice involves healthcare professionals deviating from standard practices, causing patient harm due to professional negligence. In contrast, medical product liability focuses on manufacturers or distributors who release defective medical drugs or devices, causing injury. If you or a loved one has been harmed by a defective drug, medical device, or malpractice, contact us today to explore your legal options and pursue the compensation you deserve.
File Your Claim as Soon as Possible
According to Michigan’s Compiled Laws section 600.5852, the statute of limitations on medical malpractice cases is two years. This means unless you file your claim within two years of the date of your injury you will lose your right to recover compensation. While Michigan does recognize some exceptions to the statute of limitations in some cases and cases that fall under faulty product or product liability law, it’s best to file your medical malpractice claim as soon as possible.
Have questions about the statute of limitations? Call our firm today to speak to an attorney.