What’s the Hardest Thing To Prove in a Michigan Medical Malpractice Case?
Proving a Michigan medical malpractice case is challenging. A plaintiff has the burden of proof on each element of the case, and the case must be supported by qualified medical experts. Which element is hardest to prove often depends on the facts of the case.
Challenge #1: Proving that there was a Breach of the Standard of Care
To win a medical malpractice case, a plaintiff must prove that a medical care provider failed to follow the standard of care. The standard of care is described as the “recognized standard of acceptable practice or care” for a similarly trained, experienced, and credentialed provider. A breach of the standard of care is called “medical negligence” or “medical malpractice”.
Medical expert testimony is required to prove that there was a breach in the standard of care. Medical experts may disagree about what’s “recognized and acceptable,” especially in rapidly advancing fields of medicine or in unusual clinical scenarios.
Expert testimony from professionals in the same specialty as the defendant, practicing in the same time period and clinical setting, is required in every case. Depending on the case, multiple experts may be needed. As you might imagine, medical professionals are not always willing to testify against a local colleague, or someone they know. It is typically much easier for the defendant to find a colleague to support their position, and to testify that there was no breach of the standard of care.
Challenge #2: Proving the element of “Proximate Cause”
Michigan law requires the plaintiff to prove that the medical negligence, more likely than not, was the cause of the injuries suffered. Even if you prove that there was medical negligence, you must also prove that what the defendant did wrong was the “proximate cause” of the injuries suffered. Sometimes, there is an obvious direct link, such as if a surgeon operates on the wrong body part. In other cases, “causation” is less clear. For example, if a nurse negligently administers the wrong medications to a patient, and the patient passes away two weeks later from terminal cancer, the plaintiff would be able to prove that there was medical negligence, but the plaintiff would not be able to prove that the medical negligence caused the death.
Qualified medical expert witnesses are needed to connect the dots between a doctor’s negligence and your injuries. Experts can show this connection using accepted science and patient-specific facts. They may also testify how appropriate care choices would have avoided the harm. They may refer to visual aids, such as timelines or illustrations using data from charts, imaging, labs, and vitals, to help the jury understand how the medical negligence led to the horrible injuries..
Challenge #3: Proving Damages Within Michigan’s Cap System
Michigan law limits the amount of non-economic damages that medical malpractice plaintiffs can recover. Non-economic damages include pain, suffering, the loss of function, depression, emotional injuries, and the loss of a loved one. There is a lower-tiered cap and an upper-tiered cap regarding non-economic damages. Both are adjusted each year for inflation, and both significantly limit the amount a plaintiff can receive. The jury does not know that these damages are “capped”, and they may decide to award an amount that far exceeds the applicable damage cap. However, their verdict will later be adjusted/lowered by the Court to the capped amount. The vast majority of cases fall within the lower-tiered damage cap. While many believe this damage cap is unfair, it remains the law in Michigan.
Economic damages are not capped. Economic damages include lost wages, the cost of medical care, and the cost of future care. Your attorney may retain additional medical and financial experts to prepare cost projections and credible life-care plans.
To prove the full scope of your damages, your attorney may use life-care planners, economists, and rehabilitation experts with data-driven projections. These experts will thoroughly review the records and conduct independent evaluations to validate your long-term needs. The experts must be able to clearly and credibly present their evidence to the jury in a compelling, understandable way.
Why You Should Hire an Experienced, Dedicated Medical Malpractice Lawyer
A skilled and experienced medical malpractice attorney has the expertise and resources to build a strong, persuasive case. The experienced lawyer will help pinpoint the areas of medical negligence and find well-qualified experts to support your claims, giving you the best chance of recovering what you deserve.
Hospitals, doctors, and medical organizations have dedicated legal teams with substantial resources. Michigan also has special rules and requirements that plaintiffs must follow when pursuing medical malpractice lawsuits. Taking on insurers and healthcare organizations can be challenging, especially if you’re still recovering from an injury or illness. The attorneys at Sommers Schwartz, P.C. aren’t intimidated by the excuses and defense tactics of large hospitals and the medical profession, and we know how to build a compelling case. Our team will work very hard to help you recover what you deserve and ensure your future is secure after the medical system has failed you. Contact us today for a free, no-obligation, confidential consultation.
