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Case Number: 1:22-cv-10645
Judge: Thomas L. Ludington
Court: United States District Court for the Eastern District of Michigan (Bay County)
Plaintiff's Attorney: Emily Peacock/a>
Defendant's Attorney: John M. Toth and Ronald S. Lederman
Description: Bay city, Michigan personal injury lawyer represented the Plaintiff who sued the Defendants on medical malpractice negligence theories.
Here are some of the key aspects of Michigan medical malpractice law:
Statute of limitations: In Michigan, the statute of limitations for medical malpractice claims is two years from the date of the injury, or six months from the date when the claimant discovered or should have discovered the existence of the claim, so long as the claim is brought within six years of the act or omission.
Standard of care: The standard of care is the level of care that a reasonably prudent healthcare provider would have provided under the same or similar circumstances. In order to prove medical malpractice, the claimant must show that the healthcare provider breached the standard of care and that the breach caused their injuries.
Causation: The claimant must also show that the healthcare provider's breach of the standard of care caused their injuries. This can be a difficult burden to prove, as there may be other factors that contributed to the claimant's injuries.
Damages: If the claimant is successful in proving their case, they may be awarded damages for their injuries. Damages can include medical expenses, lost wages, pain and suffering, and emotional distress.
In addition to these general principles, there are a number of other factors that can affect a medical malpractice case in Michigan. For example, the law imposes a number of immunity provisions that protect certain healthcare providers from liability. Additionally, the law allows for the recovery of punitive damages in medical malpractice cases, but only in limited circumstances.
If you believe that you have been the victim of medical malpractice, it is important to speak to an attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in court if you decide to file a lawsuit.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.