MEDICAL MALPRACTICE

MEDICAL MALPRACTICE GENERALLY 

Medical Malpractice is a specific type of negligence that is committed by a doctor or hospital. Doctors and hospitals have an obligation to treat you or diagnose you consistent with the standard of care that other hospitals and doctors treat patients. Doctors and hospitals have an obligation to treat and diagnose you correctly when you are patient. They owe you a duty of reasonable care. If they breach the standard of care they have been negligent. In addition to negligence, a plaintiff must establish that their breach of care caused damages. As such, a plaintiff needs to establish (1) duty, (2) breach of that duty, (3) causation, and (4) damages.

Typically, doctors and hospitals that are treating you as a patient will always owe you a duty to act as a reasonable doctor and hospital would under similar circumstances. The breach of that duty is established by expert witnesses (typically doctors) who practice in the specialty of the treating physician. In Michigan, a plaintiff must file an affidavit with their medical malpractice complaint signed by a doctor who will testify that in his professional opinion the doctor or hospital breach their duty of care.

Even if a doctor or hospital owes a duty of care and breaches that duty of care, a plaintiff still must establish that this breach of care caused them damage. For example, if a patient had cancer and the doctor or hospital fails to diagnose the cancer, then the hospital or doctor is negligent. However, if that patient died as a result of an automobile accident, then the misdiagnosis of cancer did not cause damage to the patient.

In addition to negligence and causation, a plaintiff must establish that they have been damaged by the negligence. For example, if a doctor prescribed medication which a patient is allergic to but the doctor realized his mistake before the patient took the medication, and then the patient has not been damaged by the negligence of the doctor. As such, there would be no basis for a medical malpractice lawsuit.

MEDICAL MALPRACTICE LAWYERS - GRAND RAPIDS MICHIGAN

Medical malpractice lawsuits are an area of law that requires a medical malpractice attorney to properly evaluate a claim. Very few attorneys handle medical malpractice lawsuits because of their complexity and expense. They are usually handled on a contingency fee basis (one-third of net settlement). If you believe that a hospital or doctor has mistreated or misdiagnosed you, than you should consult with an attorney who specializes in this field. An attorney will usually consult with you for free to determine whether you have a valid claim.

Krupp Law Offices P.C. represents clients in medical malpractice cases throughout West Michigan, including the cities of Grand Rapids, Holland, and Grand Haven, and the counties of Kent, Ottawa, Allegan, Barry, Newaygo, Montcalm, and Ionia.

Our office can help.

KRUPP LAW OFFICES PC

161 Ottawa NW Suite 201

Grand Rapids MI 49503

616-459-6636 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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