Medical malpractice, also called medical negligence, happens when health care providers or professionals fail to provide treatment, neglect to take appropriate treatment actions, or issue the wrong treatment that results in injury or death to a patient. Medical malpractice typically involves medical error, which can occur in situations of an incorrect diagnosis, medication, or treatment. Each year medical malpractice results in around 100,000 fatalities, according to the Institute of Medicine. However, less than 10% of all instances involving medical malpractice result in a case against the healthcare provider. You may have a medical malpractice case if your healthcare provider’s negligent treatment resulted in physical and/or mental pain, excessive absence from work or earning, exaggeration of an existing condition that caused excessive medical bills, injury, or preventable death. Depending on the severity of your injuries, you or a loved one may be able to recover medical malpractice damages.
Medical malpractice law gives the patient a chance to acquire compensation from the harm done by health care providers. However, these laws are made in favor of protecting hospitals and other health care workers. Varying states have placed caps on the damages that a patient can recover, despite being the same damages for other kinds of personal injuries that are not capped.
For a medical malpractice case to be considered, the victim must be able to prove four legal elements – the professional duty that is owed to the patient, the breach of that duty, the harm caused to the patient by the breach, and the damages that resulted from the breach. In short, you must be able to show proof that the injuries you or a loved one sustained were caused directly by the negligence of your health care provider. Medical malpractice law also requires proof of malpractice from the injured patient by an expert medical testimony. Often under this circumstance, it is challenging trying to find medical experts that are willing to testify against another medical provider. This makes it extremely hard to prove claims of medical malpractice.
In the event of the case, it is highly unlikely that the health care provider or hospital will settle readily, usually bringing the case to trial. These cases are challenging and require the expertise and experience of a medical malpractice attorney – we can help.
The attorneys at The Cochran Firm Detroit have extensive knowledge and experience in handling medical malpractice. Our resources allow us to work with top medical experts in a broad range of the medical field to help us further research and prove your case. Our attorneys can help you screen and prosecute your case. In getting started, we provide our future clients a free case review to consider your claim and determine if the case involves medical malpractice. If we decide that we can take your case, you will not be charged a fee unless we obtain a recovery on your behalf.
Our medical malpractice attorneys have obtained numerous successful outcomes, procuring hundreds of millions of dollars for the victims we represented. These results speak for themselves. If you or a loved one are a victim of medical malpractice, please contact The Cochran Firm today for your free, no-obligation consultation.
