A complication can occur even when a doctor, nurse or hospital acts appropriately. That is why a medical malpractice review starts with records rather than assumptions. The operative report, nursing notes, imaging, lab results, consent discussion, follow-up and later treatment can show whether the event was anticipated, recognized and treated appropriately.
Three questions drive the review
- What standard applied? The standard depends on the provider and specialty.
- Was it breached? The records and qualified medical review address whether the care departed from that standard.
- Did the breach cause harm? Michigan generally requires proof that the negligence more probably than not caused the injury.
Frequently Asked Questions
Does a bad result mean my doctor committed malpractice?
No. A poor outcome, complication or unsuccessful treatment is not by itself proof of malpractice. The case turns on the applicable standard of care, breach and causation.
What is the first thing a lawyer usually needs?
A reliable timeline and the relevant medical records are foundational. The lawyer may then determine whether expert review is warranted and what deadline applies.
General information only. This article is not legal or medical advice and does not create an attorney-client relationship. Medical malpractice deadlines and outcomes are fact-specific.