Troy Medical Malpractice Lawyers
Helping Injured People Protect Their Legal Rights in Michigan Medical Malpractice Claims
Troy, Michigan, is home to several hospitals and medical offices, including nationally ranked Beaumont Hospital. These practices serve thousands of Troy residents and visitors daily, treating everything from common colds to life-threatening injuries and illnesses.
Those who seek medical care are already vulnerable. Victims of injury and illness need serious help, and they should be able to trust their medical providers. When a physician, hospital, or other provider fails to meet the standard of care, serious harm can result.
If you’re dealing with injury or illness and suspect medical malpractice is to blame, don’t wait. Talk to an experienced Troy medical malpractice attorney today.
What Is Medical Malpractice?
Troy is home to hospitals and medical facilities of all sizes. These include the Troy Medical Center, Corewell Health William Beaumont Hospital, Henry Ford Medical Center Troy, and the Children’s Hospital of Michigan. Michigan had 904 medical malpractice reports in 2022, the fifth highest in the country.
Countless scenarios can lead to medical errors. An overworked emergency room physician may rush to see patients. An inexperienced pharmacist may fill an incorrect dose or fail to notice a potentially harmful medication interaction. A tired radiologist may overlook a concerning mass on an X-ray.
An adverse outcome does not automatically indicate malpractice. Medical malpractice occurs when a healthcare professional or organization fails to treat a patient with the generally accepted standard of care. The standard of care is the treatment a reasonable healthcare provider with similar experience and training would provide in a similar situation.
Medical malpractice cases typically involve negligence or misconduct by a healthcare professional or institution that causes a patient to suffer injury or death. Establishing a Troy medical malpractice claim involves proving the following elements:
- The healthcare provider had a duty of care toward the patient.
- The healthcare provider breached their duty by failing to meet the applicable standard of care.
- The breach of duty directly injured or harmed the patient.
- The patient sustained damages (including both physical and emotional harm) as a result of the provider’s breach of duty.
Victims of significant medical errors may experience intense frustration and despair in addition to physical suffering. Patients place themselves in vulnerable positions with medical providers. They trust and rely on them to treat their ailments and avoid harm. When a doctor, surgeon, or pharmacist makes a preventable medical mistake, the outcome can be devastating.
It can be daunting to pursue a claim against a respected medical provider. Patients may doubt their own experiences, question the validity of their claims, or worry about retaliation. The experienced medical malpractice attorneys at Sommers Schwartz can investigate your case, uncover evidence, and obtain expert opinions to support your claim. We will aggressively advocate on your behalf and stand up for your rights.
Types of Medical Malpractice
Troy medical malpractice claims can arise from a wide range of medical mistakes. Misdiagnosis is one of the most common forms of medical malpractice, especially for patients with infections or cancer.
Many lawsuits alleging medical malpractice involve:
- Diagnostic errors: A healthcare professional may misdiagnose a medical condition or fail to diagnose it in a timely manner, leading to incorrect or delayed treatment. Misdiagnosis and delayed diagnosis are responsible for about a third of medical malpractice claims.
- Medication mistakes: Administering or prescribing an incorrect medication or wrong dosage or failing to identify harmful drug interactions can be dangerous or deadly. Prescription drug errors harm about 1.5 million people per year.
- Surgical errors: Surgical errors include operating on the incorrect site, damaging surrounding organs, performing a procedure improperly, or leaving a surgical object in the patient’s body. Around a quarter of medical malpractice claims are related to surgical errors.
- Birth injuries: Medical negligence can cause injuries to an infant during the birthing process. Common allegations include improperly using forceps to deliver the baby, failing to monitor and respond to fetal distress, and negligently delaying delivery, either vaginally or through surgical intervention (C-section).
- Anesthesia errors: Using too much or too little anesthesia, not monitoring the patient during surgery, or failing to identify complications related to anesthesia can be a basis for a medical malpractice claim.
- Failure to provide adequate follow-up care: Failing to provide proper post-treatment or post-operative care can lead to complications, infections, or worsening of the patient’s condition.
Medical malpractice claims can be based on actions or omissions. Errors of omission occur due to inaction, such as failing to order appropriate diagnostic testing or prescribe appropriate medication. These omissions can cause the patient to suffer adverse effects, such as injury or permanent impairments. If a healthcare provider’s inaction is contrary to the applicable duty of care, he or she may be liable for all of the damages.
In other situations, a medical professional’s negligent, reckless, or intentional actions cause the patient harm. If those actions fail to meet the accepted standard of care due to the patient, the individual and their employer may be liable for damages.
Damages in a Medical Malpractice Claim
A Troy medical malpractice claim allows you to pursue compensation for injuries caused by a healthcare professional’s negligence. The amount you can recover depends on nature and extent of the damages.
Michigan law allows plaintiffs to recover “economic” and “non-economic” damages.
- Economic damages are those with a quantifiable dollar amount, including past and future medical costs, lost wages, diminished earning capacity, and out-of-pocket expenses related to the claimed injuries.
- Non-economic damages are compensation for emotional trauma, loss of life, enjoyment, and pain and suffering. These damages are not as easy to quantify but can be significant in medical malpractice cases.
While many medical malpractice claims are settled out of court, the malpractice attorneys at Sommers Schwartz P.C. are fully prepared to take your case to trial if necessary. Our goal is to recover the maximum compensation you deserve.
Why Pursue a Medical Malpractice Claim?
In addition to recovering compensation for your losses, pursuing legal action against negligent healthcare providers helps prevent others from being victimized or harmed. Medical malpractice claims can help hold hospital systems responsible for policies that prioritize profits over patients. They can provide evidence to strip negligent, reckless, or abusive medical professionals of their licenses and authority to practice. Holding dangerous providers accountable for malpractice helps protect the entire Troy community.
Why Hire a Troy Medical Malpractice Attorney?
Medical malpractice cases are often vigorously defended. Medical professionals, hospitals, and their insurance companies have teams of lawyers and expert witnesses ready to challenge claims. They also have substantial financial resources and powerful influence in many Michigan communities. A Troy medical malpractice attorney can help balance the scales and give you the best chance to secure the compensation you deserve.
At Sommers Schwartz P.C., we know medical malpractice claims often involve complex medical issues. These issues must be laid out clearly and understandably to judges and juries. Our medical malpractice lawyers work with a vast network of respected medical experts to provide the necessary evidence and to testify compellingly in support of our clients.
What To Expect From Sommers Schwartz P.C.
Choosing a law firm to handle your medical malpractice case is an important decision. Our dedicated team of Troy medical malpractice attorneys provides transparency, respect, and results. The attorneys at Sommers Schwartz P.C. are nationally recognized for their professionalism, diligence, and deep knowledge of Michigan medical malpractice law.
Our attorneys will help you understand the strengths and weaknesses of your case and answer your questions thoroughly and thoughtfully. We can help you find follow-up medical care, obtain expert witness testimony, and accurately value your damages. We will help you gather medical records and other evidence and work with you to resolve your claims as quickly and efficiently as possible.
We recognize the challenges you will likely face while recovering from the effects of a devastating medical error. Our Troy medical malpractice attorneys are always available to discuss your case and address any concerns.
Contact a Troy Medical Malpractice Attorney
If you’re ready to begin your journey, schedule a free consultation with one of our experienced medical malpractice attorneys. During this meeting, we will listen to your concerns, discuss your legal options, and explain how we can help. Sommers Schwartz P.C. takes medical malpractice cases on a contingency basis – we only recover if we help you get the compensation you deserve.
For over fifty years, our firm has been advocating for victims of medical negligence and championing the rights of injured individuals and their families. We have experience handling medical malpractice cases in Troy and throughout Michigan.
We fight hard. And we win.
News & Case Alerts
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