Medical Malpractice: Did Your Doctor Harm You Instead Of Helping You?
When you put your health in the hands of a doctor, nurse or health care facility, you trust that they will do right by you. Unfortunately, there are some professionals whose negligence results in serious injuries or illnesses.
If you believe that you suffered medical malpractice at the hands of your doctor or another practitioner, our team at Petrucelli & Waara, PC can help you. We have more than 40 years of legal practice advocating for the rights of patients throughout the Upper Peninsula.
Comprehensive Representation For Medical Negligence
At Petrucelli & Waara, PC, we have earned a reputation throughout Michigan for our strong, no-nonsense approach to handling our clients’ cases. Our three attorneys handle all varieties of medical negligence, including:
- Failure to diagnose
- Failure to order tests
- Birth injuries
- Prescription medication errors
- Surgical errors
- Failure to obtain informed consent
All told, we have recovered more than $100 million in compensation for our clients. If a doctor you trusted left you harmed, let us know – we can help you.
Understanding Medical Malpractice
Not every medical mistake equates to malpractice. Just because you had a negative experience with a doctor does not necessarily mean that there malpractice. Medical malpractice (also called medical negligence) occurs when:
- A doctor owes a duty of care to a patient.
- The doctor deviated from the expected standard of care.
- This deviation from the standard of care resulted in an illness or injury to the patient.
Proving malpractice claims is very difficult, so you will need an experienced team with a record of proven successes. Our experienced personal injury lawyers understand medical malpractice claims inside and out. We know how to examine your medical records and gather the other evidence needed to put together your case.
Answering Your Frequently Asked Questions About Medical Malpractice
At Petrucelli & Waara, PC, our legal team knows that if you were further injured by a health care provider, you probably have a lot of questions. After decades in practice, we have gathered a few of the most common questions we get asked and provided the answers here. If you have questions about your specific circumstances, our medical malpractice lawyers offer free case evaluations and consultations.
How do I know if I have a valid medical malpractice claim?
In order to have a valid medical malpractice claim, you must be able to prove a few key factors. First, there must be a doctor-patient relationship. This means that you hired the medical professional, and they agreed to treat you. Next, you need to prove that your doctor was negligent. In order to prove that a doctor was negligent, you will have to prove that they did not meet the same standard of care that a competent doctor would have provided under similar circumstances.
In addition, you also need to demonstrate that their negligence directly caused your injury, not just that you were unhappy with the treatment. Finally, the injury must have led to specific damages such as additional medical bills, lost wages or pain and suffering. At Petrucelli & Waara, PC, our experienced medical negligence lawyers can help you evaluate your potential medical malpractice claims to determine if you have a case.
How long do I have to file a medical malpractice lawsuit in Michigan?
In Michigan, there is a deadline, or statute of limitations, for filing a medical malpractice claim. In general, you have two years the date of the alleged malpractice to file a medical malpractice lawsuit. However, sometimes, injuries are not discovered right away. If time passes before you realize that you were injured, you will have six months from the date you discovered, or should have discovered, the injury to file a claim.
It is important to note that even with this delay in discovery rule, you cannot file a lawsuit more than six years after the malpractice occurred. There are additional exceptions. Some of these exceptions include cases involving minors or those with mental incapacities, which may extend these time limits. Because these rules can be complex, it’s wise to consult with a knowledgeable medical malpractice lawyer who can help you understand and meet all of the necessary filing deadlines.
How does the process of filing a medical malpractice lawsuit work?
Filing a medical malpractice lawsuit begins with gathering all relevant medical records and evidence. Your attorney will review these documents and may consult with medical professionals to assess the validity of your claim. Once a strong case is established, your lawyer will file a complaint in the appropriate Michigan court.
The next stage is discovery, where both parties exchange information and gather evidence. This can include depositions, interrogatories and document requests. Often, cases settle before going to trial. However, if a settlement cannot be reached, the case will proceed to court. During the trial, both sides present their evidence and arguments, and a judge or jury makes the final decision. Throughout this process, your medical malpractice lawyer will guide you, helping you understand each step and advocating for your best interests.
Speak With A Michigan Medical Malpractice Lawyer For Free
If you believe that you have a medical malpractice claim against a doctor for negligence, reach out to our medical malpractice lawyers at Petrucelli & Waara, PC, as soon as possible. Our firm offers a free, no-obligation initial consultation and case evaluation, which gives you a chance to ask questions about your case. To schedule your free appointment, call us locally at 906-261-3177 or send us a message through our website. We have offices in Iron River and Marquette and look forward to answering your questions and telling you more about how we can help you with your case.