Medical malpractice occurs when a health care (typically a doctor or hospital) provider makes a mistake that causes you harm. The patient, must prove that the health care provider involved in treating you made a mistake that caused the harm that you suffered. A mistake is made when a health care provider failed to give care to the patient that other health care providers of the same training and skill would have given in the same situation. This failure to act is called a deviation from the acceptable standard of care for that specialty in medicine. No other health care provider in the same specialty would have given treatment in the same manner as the treating health care provider who made a medical mistake that caused harm to the patient.
An error in judgment is not necessarily malpractice. The plaintiff (patient) has the burden of proof to show by a preponderance of the evidence that the health care provider failed to meet the acceptable standard of care and as a result, it caused the patient damage. Damages must be sufficient to warrant the substantial costs and effort of pursuing a claim.
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KRUPP LAW OFFICES PC
161 Ottawa NW Suite 404
Grand Rapids MI 49503