Legal Question in Medical Malpractice in Michigan
my question is do I have a case? I went to the hospital because I had a really bad sore throat. I went through emergency. there and test to see if I have strep throat. the test was negative. I was sent home with 4 different kinds of medication. I took the medication for one day. my condition worsened. my breathing was shallow. monster throat was tightening up I felt as if someone was choking me. I went to the emergency room again. because I could barely breathe they rush me to the back. then I was rushed via ambulance to the main hospital, where I underwent emergency surgery. I wasn't in intensive care for 6 days. I was unresponsive for 4 days. I had a app sis on the back of my throat. my airway was close to half of a centimeter. I came within an inch of my life.
1 Answer from Attorneys
Michigan medical malpractice law has very particular rules that require various notice requirements and most importantly a relevant medical expert that can render an opinion that the standard of care was breached and was the proximate cause of your injury.
A complaint alleging malpractice must be accompanied by an affidavit of merit, signed by a health care professional qualified under � 600.2169, setting forth (a) the applicable standard of care, (b) the opinion that the defendant breached the applicable standard of care, (c) the actions that should have been taken to avoid a breach of the applicable standard of care, and (d) the manner in which the breach was the proximate cause of plaintiff�s injury. Mich. Comp. Laws Ann. � 600.2912d.
The process to assess the viability of these type of claims require a review of medical records and many other factors that are too numerous to address on this forum. Feel free to contact me to discuss your matter in further detail.
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