What do I need to know about affirming the medical malpractice claim in court?

When bringing a medical malpractice claim in court in Michigan, the patient or their loved ones must follow a few steps to make sure that the claim is affirmed (accepted) by the court. First, the patient must be able to prove to the court that a medical professional owed them a “duty of care” – meaning they were responsible for providing a certain level of care. This can be proven by showing that the patient was at the clinic or hospital receiving treatment and that a medical professional was attending to them. Second, the patient must be able to prove to the court that the duty of care was breached. This can be done by providing medical records, test results, medical opinions, or expert testimony that shows that the patient was not properly treated or that their condition worsened due to negligence. Third, the patient must be able to prove that the medical professional’s negligence was what caused the injury or condition to worsen. Once this is established, the patient must then prove that this caused physical and/or emotional suffering or damage, such as pain, loss of wages, disability, or loss of a loved one. Finally, the patient must be able to prove that these damages resulted from the medical malpractice and that they should receive fair compensation for their suffering. To do this, the patient must provide evidence that proves the amount of damages that should be awarded, such as medical bills, the cost of treatment, lost wages, etc. These steps must be taken to have a medical malpractice claim affirmed in court. It is important to consult a lawyer to ensure that the claim is properly supported with evidence and that all legal requirements are met.

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What do I need to know about affirming the medical malpractice claim in court?

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