Medical Malpractice Lawyers
Compensation for Medical Negligence
What is Medical Malpractice?
When you trust medical professionals, you expect high standards of care. However, mistakes and negligence can occur, leading to significant harm. If you or a loved one has suffered due to a healthcare provider’s negligence, you have the right to pursue justice and compensation. Medical malpractice happens when a medical professional fails to meet the established standards of care, resulting in preventable injury.
At Oliver Bell Group, our medical malpractice attorneys are committed to helping victims of negligence. With locations in both Troy, Michigan and Dallas, Texas, we are able to better serve We represent clients facing the physical, emotional, and financial consequences of medical malpractice, such as disabilities, medical bills, pain, lost income, and long-term harm. Our experienced team is dedicated to fighting for the compensation you deserve to help you move forward.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence leads to harm. This can happen in various ways, from misdiagnosis to surgical errors. Some cases are more obvious, such as botched surgeries, while others, like failure to monitor a patient’s condition or improper medication administration, are less apparent but equally damaging.
To file a claim in Michigan, four key elements must be proven:
- Patient-Provider Relationship: It must be shown that a professional relationship existed.
- Breach of Standard of Care: The healthcare provider must have deviated from accepted medical practices.
- Direct Harm: The breach must have directly caused injury or harm.
- Damages: Physical, emotional, or financial harm, such as medical bills and lost wages, must be proven.
If you believe you’ve been harmed due to medical negligence, contact one of our medical malpractice lawyers to assess your case.
Medical Malpractice vs. Defective Drugs and Devices
There is a clear distinction between medical malpractice and medical product liability. Medical malpractice involves healthcare professionals who deviate from the accepted standard of care, causing harm through negligence. On the other hand, product liability cases involve defective drugs or medical devices that cause injury due to manufacturing, design, or labelling flaws.
Whether you’ve suffered harm from a medical malpractice or defective medical product or, our attorneys can help you explore your legal options and pursue compensation.
Types of Compensation in Medical Malpractice Cases
Victims of medical malpractice may be eligible for several forms of compensation, including:
- Medical expenses related to ongoing treatment
- Lost wages due to inability to work
- Pain and suffering, both physical and emotional
- Loss of quality of life and future earnings
Our medical malpractice lawyers are experienced in handling complex cases and will fight to recover the maximum compensation for you.
Common Examples of Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. Here are some common examples:
Misdiagnosis or Delayed Diagnosis:
- A doctor may fail to correctly diagnose a condition, or there may be a significant delay in the diagnosis, leading to harm that could have been avoided with timely treatment.
Surgical Errors:
- Mistakes during surgery, such as performing the wrong procedure, leaving surgical instruments inside the patient, or operating on the wrong body part, can lead to severe complications or even death.
Medication Errors:
- Administering the wrong medication, prescribing an incorrect dosage, or failing to recognize harmful drug interactions can cause serious harm to patients.
Birth Injuries:
- Negligence during pregnancy or childbirth, such as improper use of delivery tools or failure to monitor fetal distress, can lead to injuries to both the mother and child, such as cerebral palsy or Erb’s palsy.
Anesthesia Errors:
- Mistakes made by anesthesiologists, such as administering too much or too little anesthesia, failing to monitor the patient, or overlooking allergies, can lead to brain damage, organ failure, or death.
Failure to Treat:
- A healthcare provider may fail to provide appropriate treatment after diagnosing a condition, or may discharge a patient too early, worsening the patient’s condition.
Infections Due to Poor Sanitation:
- Unsanitary conditions in hospitals, clinics, or during medical procedures can lead to severe infections that could have been prevented with proper hygiene.
Improper Monitoring:
- Failing to monitor a patient’s vital signs or condition during or after a procedure can result in avoidable complications, such as heart attacks, strokes, or respiratory
failure.
File Your Claim as Soon as Possible
Both Michigan and Texas law imposes a two-year statute of limitations on medical malpractice claims. This means that you must file your claim within two years from the date of the injury. Some exceptions exist, but it’s essential to act quickly to protect your rights. The sooner you consult with a medical malpractice attorney, the better your chances of building a strong case.
Frequently Asked Questions
Can I Still Sue for Medical Malpractice If I Signed a Consent Form?
- Yes, signing a consent form does not waive your right to pursue a malpractice claim if negligence occurred. Our medical malpractice lawyers can help assess whether the care you received met professional standards, even if you consented to treatment.
Can I File a Lawsuit on Behalf of the Deceased?
- Yes, you can file on behalf of a deceased loved one. To learn more about who can file and how, contact one of our experienced medical malpractice attorneys.
What Are the Four D’s of Medical Malpractice?
The four key elements that must be proven to win a medical malpractice lawsuit are:
- Duty: The healthcare provider had a duty to provide standard care.
- Deviation: The provider deviated from the accepted standard.
- Direct Causation: The breach directly caused the injury.
- Damages: The injury resulted in damages, such as pain or financial loss.
What are the 4 C’s of medical malpractice?
The 4 C’s often refer to:
- Compassion: Understanding the patient’s perspective and suffering.
- Communication: Clear and open dialogue between patient and provider.
- Competence: The provider’s ability to meet the standard of care.
- Confidentiality: Respecting patient privacy and data protection.
If you have more questions or need assistance, contact us for a free consultation with an experienced medical malpractice attorney
Michigan FAQs
What is the Statute of Limitations for Medical Malpractice in Michigan?
- In Michigan, the statute of limitations is two years from the date of the injury. It’s crucial to consult a medical malpractice attorney promptly to ensure your case is filed within this time frame.
Does Michigan have a cap on medical malpractice?
- Yes, Michigan has a cap on non-economic damages in medical malpractice cases. The limit is currently set at $280,000 for your non-economic troubles. However, this can be increased to $500,000 if the malpractice results in total permanent functional loss of one or more limbs, permanent impaired cognitive capacity or permanent loss of a reproductive organ resulting in an inability to procreate.
Texas FAQs
What is the Statute of Limitations for Medical Malpractice in Texas?
- In Texas, the statute of limitations for medical malpractice is two years from the date of the injury or from the date the injury should have been discovered.
Does Texas have a cap on medical malpractice?
- Yes, Texas has a cap on non-economic damages in medical malpractice cases, currently set at $250,000 for non-economic damages, with additional limits for each physician involved.
Why is it so hard to sue a doctor in Texas?
- It can be challenging to sue a doctor in Texas due to stringent requirements, such as the necessity to provide expert testimony to establish the standard of care and the causation element. Additionally, caps on damages can limit the potential compensation, making it less appealing for some plaintiffs.
Why Choose Oliver Bell Group?
At Oliver Bell Group, our medical malpractice attorneys are committed to fighting for justice on behalf of victims of medical negligence. We recognize that medical errors can have life altering consequences, affecting your health, finances, and overall quality of life. With our in house medical analyst, we are well-equipped to handle complex cases, meticulously reviewing medical records and collaborating with healthcare experts to build a strong case.
Our experienced team is dedicated to guiding you through the legal process, ensuring you understand your rights and options. We work tirelessly to secure the compensation you deserve for your suffering and losses.
If you or a loved one has experienced medical malpractice, do not hesitate to contact us. Call today for a free consultation to discuss your case and discover how we can assist you in this challenging time.