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If you or a loved one has been injured due to medical negligence, you may be entitled to compensation for your losses. An experienced medical malpractice attorney can help you determine whether you have a valid claim.

If a medical staff member caused your injury, you can seek legal representation from Cochran, Kroll & Associates, P.C. attorneys for your medical malpractice claim. Our dedicated legal team will work hard to defend your rights and hold the negligent health care providers responsible for their harmful conduct.

What is Medical Malpractice?

Medical malpractice is a term that describes a situation in which a health care professional provides poor care to a patient, resulting in the patient suffering an injury or death. A doctor, nurse, pharmacist, hospital, dentist, or other health care provider can commit medical malpractice in any medical setting.

To file a medical negligence claim, you must prove that the health care professional’s actions -or lack thereof – fell below the ethical standard of medical care expected in their field, and this failure resulted in injury or death.

What Are the Four Elements of Medical Malpractice?

Medical malpractice claims in the United States abide by a complex web of state and federal laws. To win a medical malpractice case, a victim must typically prove four elements: duty, breach, causation, and damages.

  • Professional duty of care: This requires that the victim show that the medical professional owed them a duty of care. The duty of care varies depending on the specific facts of each case. Generally, this includes the duties a reasonably competent health care provider would owe to their patient under similar circumstances.
  • Breach of duty of care: This element requires that the malpractice victim show that the at-fault party breached their duty of care. You can prove this in several ways, but most commonly involves showing that the negligent party deviated from the standards of care that apply to their particular profession.
  • The breach caused the injury: The victim must show that the responsible party’s breach of their duty of care caused their injury. This can be difficult to prove, as there are often many potential causes for any injury.
  • Incurred damages: The malpractice victim shows that they have suffered harm because of the medical expert’s actions. To prove damages, your attorney can gather your medical records and other evidence that links the health care provider’s actions to your injury, including discharge papers and lab reports.

Types of Medical Malpractice

When visiting a doctor’s office or an emergency room, patients expect reasonable care, including acceptable treatments for their conditions. They also expect proper treatment for post-care follow-up. Unfortunately, medical malpractice can occur in a wide range of medical fields from various health care professionals.

If you experience medical issues that you believe stem from a medical malpractice issue, you can work with a medical malpractice lawyer from Cochran, Kroll, and Associates, P.C. As a medical malpractice law firm, we can assist with an array of medical malpractice claims including:

Surgical Errors

Surgical errors are a type of medical malpractice that can result in catastrophic injury for patients. Errors during surgery errors include wrong-site surgery, causing nerve damage. Leaving a foreign object, such as a sponge or surgical instrument, inside the patient can also lead to pain and recurring infections. Approximately 1,500 foreign objects are left behind during surgical procedures per year.

Medication Errors

Medical errors are all too common, numbering over 100,000 in the United States each year. These mistakes include giving a patient the wrong medication, the wrong dose, or mix-ups with another patient’s medication.

Lack of Informed Consent

Informed consent is an important element in preventing medication errors. A patient must have all the information about the drug, including potential side effects and risks. They should then ask the questions and make sure they understand everything. A medical professional who fails to offer informed consent may be liable for medical malpractice.

Anesthesia Errors

Anesthesia negligence is a medical error that may occur during the administration of anesthesia. Although anesthesia is safe and effective, the fatal anesthesia error rate is reported to be 0.77% during procedures.

Anesthesia errors include incorrect dosing, intubation errors, and incorrect anesthesia administration. These errors can also occur when anesthesia machines are poorly set up or when an anesthesiologist has insufficient experience. Anesthesia errors can lead to serious complications, including brain damage, paralysis, and even death.

Birth Injuries

Birth injuries are a type of personal injury that can occur when a baby is born. Oxygen deprivation during childbirth and brain damage can cause birth injuries, such as cerebral palsy. Cerebral palsy can cause a variety of lifelong disabilities, including intellectual disability, muscle weakness, and difficulty speaking.

A surgeon’s misuse of medical instruments during childbirth can cause significant birth trauma, resulting in ptosis, spinal cord injury, and infant torticollis.

Other Types of Medical Malpractice

A medical professional’s substandard care can also lead to medical malpractice injuries in the following instances:

  • Delayed diagnosis
  • Emergency room errors
  • Dental negligence
  • Nursing home abuse

Whether due to hospital negligence or a doctor’s error during a house call, failure to adhere to an acceptable standard of care can cause severe injuries. Your medical expenses should not come out-of-pocket if medical negligence is involved.

An experienced medical malpractice attorney can assert your right to maximum compensation to meet your financial needs.

Compensation for Medical Malpractice in Michigan

When you or a loved one is a victim of medical malpractice, you may be entitled to compensation. Michigan law provides for two types of damages in medical malpractice cases: economic and non-economic.

Economic damages include medical bills, lost wages, and future income. Non-economic damages are more difficult to quantify and include pain and suffering, emotional distress, and loss of enjoyment of life. Michigan has a $500,000 cap on non-economic damages in medical malpractice cases.

If you have lost a loved one due to medical malpractice, a wrongful death settlement may be warranted. In this case, compensation can include:

  • Medical bills
  • Funeral expenses
  • Loss of wages and future earnings
  • Compensation for the pain and suffering the victim sustained from the time of their injury until their untimely passing

How a Medical Malpractice Attorney Can Help

A medical malpractice lawyer can protect your rights by examining your hospital records to determine if you have a case for medical malpractice. They can also use medical expert testimony to determine what a medical provider should have done in your case according to the applicable standard of care.

Your lawyer can gather all evidence to form a solid medical malpractice claim for insurance companies.

Our senior partner and registered nurse, Eileen Kroll, can help establish a connection between the medical treatment you received and the resulting injury. Her combined experience in medical and legal malpractice law can ensure every aspect of your case gets the attention it deserves.

Eileen Kroll has won multimillion-dollar settlements for plaintiffs, including a $9 million medical malpractice settlement for a child who suffered a brain injury. Our experienced attorneys at Cochran, Kroll, and Associates, P.C. have successful track records for medical malpractice cases, including:

  • $15.8 million to a couple whose baby suffered cerebral palsy due to a delivery room error
  • $1.9 million for a woman with severe disfigurement from burns during a regular surgical procedure
  • $1.5 million to a patient who experienced late-stage kidney failure because of a pharmaceutical error

Contact Our Experienced Medical Malpractice Lawyers

Recovering from a serious injury while dealing with insurance companies can be taxing on you and your loved ones. Contacting a medical malpractice lawyer from Cochran, Kroll & Associates, P.C. can relieve your burden. Your lawyer can help you assess the compensation you deserve from your medical records and bills.

We can discuss your legal options, such as negotiating a favorable settlement or filing a medical malpractice lawsuit.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at and schedule your no-obligation, free case evaluation.

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