Physicians have always had an aura of excellence that, for many, has never been dimmed, even though cases of medical negligence are on the rise. Physicians and healthcare professionals are not perfect, and when a patient is injured by a physician’s negligent act, they have a right to receive compensation. When that act occurred in a hospital, however, the determination of who is as fault and liable for compensation to the victim can become difficult.
Medical Malpractice Defined
Medical malpractice can be charged when any patient suffers harm as a result of inadequate or substandard care by a healthcare professional. When a patient or family member charges a physician with medical malpractice, that claim must contain several required elements:
- A relationship existed between the doctor and patient, as evidenced by the fact that the doctor diagnosed and treated the patient and the patient followed that doctor’s orders at some level
- The doctor’s diagnosis or treatment did not meet the standards normally expected for that kind of condition and at that level of certification
- The doctor’s negligence caused an injury to the patient
- The patient actually suffered damages as a result of that injury
In addition to those conditions, in Michigan, the patient or their attorney must obtain an affidavit of merit from a board certified medical expert in that field that the physician charged with negligence did actually act negligently in their treatment of the patient.
Hospital Negligence
If the physician’s negligence occurred in a hospital setting, there may be a question of whether the hospital was also liable for damages. In Michigan, the law contains a doctrine entitled ostensible agency. That means that a hospital may also be found liable for negligence under certain circumstances:
- If the physician was an actual employee of the hospital and not a contract worker or an independent physician with hospital privileges
- If the physician was an independent contractor, but the hospital knew, or should have known, that the physician was not qualified, or was no longer qualified, to treat patients at the standard required for their position
- If the patient “reasonably looked to the hospital for treatment” and did not believe that it was merely the location chosen for treatment by their own physician (the hospital must have in some way provided representation that they were the treating agency)
Getting Legal Help with Suing a Hospital in Michigan
Medical malpractice suits can be complicated and confusing for those who are not experienced in that field. It becomes even more difficult when that negligence may have occurred in a hospital and they may have some liability for the injury. An experienced medical malpractice attorney can advise a victim or their family in determining who is liable and compiling a case to prove it in order to obtain the compensation the victim deserves.
