When you seek medical care in Michigan, you expect your healthcare providers to listen, respect your wishes, and follow your instructions. Unfortunately, this does not always happen. Sometimes, medical professionals ignore patient preferences or fail to carry out clear instructions. In these cases, the results can be life-altering or even fatal. If you or a loved one has suffered due to a provider’s failure to follow patient instructions, it is important to understand your rights under Michigan medical malpractice law and how a Michigan medical malpractice lawyer can help.

Understanding Medical Malpractice and Patient Autonomy in Michigan

At the heart of every healthcare decision is patient autonomy. Michigan law requires that doctors, nurses, and other providers obtain informed consent before performing treatments or procedures. This process is not just about signing paperwork; it is about clear communication between provider and patient. You have the right to understand your options, accept or refuse treatment, and have your instructions honored by your healthcare team.

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing harm to a patient. In Michigan, this includes not following reasonable patient instructions or preferences. For example, if a patient clearly tells a nurse about an allergy and the nurse administers the drug anyway, this can be a strong basis for a malpractice claim. Similarly, if a patient refuses a certain procedure but it is done anyway, or if a provider fails to relay a patient’s wishes regarding life-sustaining treatment, the provider may be liable for resulting injuries or death.

A Michigan medical malpractice attorney can evaluate your situation and determine whether your provider’s failure to follow your instructions qualifies as malpractice. The key is proving that your directions were clear, medically reasonable, and that the provider’s failure directly caused your injury.

Common Scenarios Where Providers Ignore Patient Instructions

There are many situations where doctors or nurses fail to honor patient instructions or preferences. Some of the most common include:

• Medication errors: A patient warns of a drug allergy, but the medication is still administered, resulting in a severe reaction.
• Failure to respect advance directives: Medical staff ignore a Do Not Resuscitate (DNR) order or other advance directive, providing unwanted or invasive care.
• Ignoring surgical preferences: A patient consents only to one type of surgery, but the surgeon performs an unauthorized procedure or fails to respect specific requests during surgery.
• Neglecting dietary restrictions: Patients with diabetes or allergies receive food that is dangerous or forbidden, leading to medical complications.
• Refusing requested pain management plans: Providers override a patient’s pain control preferences, increasing suffering or causing withdrawal symptoms.

These are just a few examples. Michigan law recognizes that patients have the right to participate actively in their care, and when providers disregard these instructions, the consequences can be devastating. If you or a loved one was harmed in one of these scenarios, consulting a top-rated medical malpractice lawyer can help you explore your legal options.

How Failure to Follow Patient Instructions Becomes Medical Malpractice

Not every mistake rises to the level of malpractice. For a claim to be successful in Michigan, you must show that the provider’s action or inaction directly violated the standard of care and led to actual harm. The standard of care is what a reasonable and similarly trained provider would do in the same circumstances.

For instance, if a patient clearly instructs a doctor not to use a certain implant during surgery, and the doctor uses it anyway, severe complications may follow. If this breach of patient instructions falls outside accepted medical standards, it is likely to be considered malpractice. The same is true when a patient’s advance directives are ignored, resulting in prolonged suffering or invasive treatment the patient wished to avoid.

In these cases, the court will look at medical records, testimony from medical professionals, and evidence of communication between the provider and the patient. The more documentation you have of your preferences and discussions, the stronger your case will be. If you are unsure whether your experience qualifies, speaking with a Michigan medical malpractice lawyer can provide much-needed clarity.

Protecting Your Rights: Steps to Take If Your Instructions Were Ignored

If you believe your instructions or preferences were not followed and you suffered harm as a result, there are important steps to protect your rights:

1. Document Everything: Write down your recollection of what happened, including names, dates, and details of conversations.
2. Request Medical Records: Obtain complete copies of your medical records, including notes where your preferences were discussed or documented.
3. Gather Witness Statements: If family or friends were present, ask them to write down what they witnessed.
4. Consult a Michigan Medical Malpractice Attorney: An attorney can review your case, help you understand your options, and guide you through the legal process.

Remember, in Michigan, you generally have two years from the date of the incident to file a medical malpractice lawsuit, but there are exceptions for delayed discovery. Time is of the essence, so do not wait to seek legal advice.

Why Choose a Michigan Medical Malpractice Lawyer for Your Case

Navigating a medical malpractice claim in Michigan can be overwhelming. Medical providers and their insurance companies often fight aggressively to avoid liability. Having a knowledgeable advocate on your side makes all the difference.

A Michigan medical malpractice lawyer will:

• Investigate your case thoroughly, reviewing records and consulting with medical professionals.
• Gather evidence to show that your explicit instructions or preferences were ignored.
• Prove that the provider’s negligence directly caused your injuries or loss.
• Negotiate aggressively with hospitals and insurance companies for the compensation you deserve.
• Take your case to court if necessary to hold the provider accountable.

Sommers Schwartz, P.C. has a long history of helping individuals and families in Michigan who have been victims of medical malpractice. When your instructions are ignored and the outcome is catastrophic, let their team fight to protect your rights and help you move forward.

FAQS About Failure to Follow Patient Instructions or Preferences and Medical Malpractice

What is considered a failure to follow patient instructions in medical malpractice cases?

A failure to follow patient instructions can include ignoring a patient’s clearly stated wishes, failing to honor consent forms or advance directives, administering medications or treatments against patient instructions, or not respecting a patient’s refusal of certain procedures. When this leads to harm, it may be grounds for a malpractice claim.

How can I prove that my provider ignored my instructions in Michigan?

Proving your provider ignored your instructions often requires detailed evidence. This can include signed consent forms, documented discussions in your medical records, testimony from witnesses, and evidence of harm that matches the ignored instruction. An experienced Michigan medical malpractice attorney can help you gather and present this evidence.

What types of damages can I recover if my instructions were not followed?

Victims of medical malpractice in Michigan may recover compensation for medical costs, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and, in some cases, punitive damages. The exact compensation will depend on the nature and extent of your injuries and losses.

Are there time limits for filing a medical malpractice claim in Michigan?

Yes, Michigan law requires most medical malpractice claims to be filed within two years of the negligent act or six months from the time the negligence was discovered or reasonably should have been discovered. There are some exceptions, such as for cases of concealment or cases involving minors, but it is important to act promptly.

Other Resources About Consent and Communication Failures

• Failure to Document Patient Interactions Properly and Michigan Medical Negligence Claims
• Failure to Follow Patient Instructions or Preferences and Medical Malpractice
• Failure to Disclose Alternatives or Risks and Medical Malpractice Claims in Michigan
• Lack of Informed Consent and Michigan Medical Malpractice Claims