Medical errors occur all the time, but those who are familiar with the area of medical malpractice know that it is only a fraction of medical errors which ultimately provide the basis for successful medical malpractice lawsuits. There are a variety of reasons for this, but one of the basic reasons is that not every case of medical error involves a fact pattern which is able to satisfy the basic elements of medical malpractice.
Michigan law, like other states, requires that a plaintiff provide evidence to support several elements in a medical malpractice action. The first of these elements is duty, which refers to some sort of legal obligation. In a medical malpractice case, duty is a particularly important element which goes by the name “standard of care.” This refers to the level or course of care that would be provided by a reasonably prudent physician under the same circumstances and who has comparable training.