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Medical Mistakes Are More Deadly Than Auto Accidents But Victims Often Lose Out on Rights
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Medical professionals kill far more people each year because of
mistakes than the number killed in automobile crashes. The American
Institute of Medicine reports that medical errors kill up to 95,000
people per year. Doctor prescription errors injure more than 1.3 million
persons annually.
Wrongful deaths caused by cancer misdiagnosis are on the rise despite
advances made breast cancer screening. The average intensive care unit
patient experiences almost two errors per day, many serious or fatal. If
these same medical negligence levels were applied to airlines, it would
equal two bad landings a day! Medical malpractice also can cause
disability, disfigurement, paralysis, amputation, brain injury, or birth
trauma.
The National Association of Insurance Commissioners reports that the
number of new medical malpractice claims actually declined by about four
percent from 1995 to 2000? Has your doctor told you that medical
malpractice insurance rates have risen by less than half the increase in
total medical costs since 1987? The Consumer Federation of America
points out that insurance companies are raising rates because of poor
returns on investments, not because of increased litigation or jury
awards.
Cochran, Foley Wins a $15.8 Million Verdict in a Medical Malpractice Case Click Here to Read More.....
You should not be concerned about your legitimate lawsuit driving up
malpractice premiums or driving your doctor out of business. You should
think about the findings of Harvard researchers that only one
malpractice claim is made for every eight hospital injuries. For every
medical error reported, 50 go unreported. And the Physician Insurer
Association of America admits that malpractice plaintiffs drop 10 times
more claims than they pursue. You do not want to be kind to bad doctors.
If you believe you might be a victim of medical malpractice, Cochran
& Foley wants you to seek the justice you deserve. If you don't,
doctors are given a green light to careless doctors to continue causing
unnecessary pain, suffering, disfigurement, permanent disability and
death for thousands of people like yourself.
What Constitutes Malpractice?
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Medical mistakes range from prescribing a drug that is harmful,
ignoring warnings on medications, performing surgery on the wrong
patient or on the wrong limb.
Among the examples of medical malpractice are:
Failure to make timely diagnoses which results in injury or illness
Failure to properly treat
Misdiagnosis
Birth injuries
Improper prescription of drugs
Anesthesia errors
Surgical error
Failure of a nurse to share important information with the physician
Malpractice occurs whenever a medical professional fails to properly
treat a patient and that improper treatment results in harm to the
patient. Additional harm is required because your physician cannot be
held responsible for your original health problem.
Medication Error with Dennis Quaid's Children Could Have Been Avoided Click Here to Read More.....
The Michigan Patient Bill of Rights
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Because of the Michigan Patient Bill of Rights, every Michigan
resident should receive certain information in writing, such as: an
estimate of the cost of services; what is included in your medical
insurance policy; who to call to make a complaint; how emergencies will
be covered; what happens if your family doctor is not a participating
physician in the plan; or why happens if you need treatment out of
state.
If your health insurance requires that your physician be on an
approved list of providers than you have the right to request:
information about services that need advance approval; information about
the physician's qualifications; information about how services are paid
for; and, information on prescription coverage.
The Patient's Bill of Rights also prevents a doctor from agreeing not
to inform patients of medical rights or choices. And the bill does
guarantee coverage for emergency treatment that is needed, although
insurance companies and healthcare providers may disagree about what
constitutes an emergency.
When disagreements do occur about coverage an appeal may be made. The
law spells out the steps that must be followed in appeal process.
Victim Rights in Michigan
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In Michigan the victim of medical malpractice has the right to bring
legal action against a doctor or hospital. A patient in Michigan also
has the right to obtain a copy of personal medical records. A medical
malpractice claim must be filed within two years of the occurrence or
within six months when the negligent act was discovered. It is important
to seek legal help so that claims are filed in a timely manner.
Michigan malpractice law is among the most complex of all personal
injury law, especially in regards to the statue of limitations.
Sometimes more a longer time to file a claim is granted to persons in
military service, mentally disabled persons, or minors.
Proving a medical error was caused by negligence can be very complex,
in Michigan and elsewhere. Studies have established that persons
represented by an attorney recover far more in damages than a person who
represents themselves.
You lawsuit can lead to remedial action, a result that is not being
produced by the medical profession or government oversight agencies.
Less than one-half of one percent of the nation's doctors face any
serious state sanctions each year. In 1999 all state medical boards in
the U.S. recorded a total of 2,696 total serious disciplinary actions --
a pittance compared to the volume of injury and death of patients
caused by physician negligence.
What Victims Need to Know
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What do you need to know about malpractice? Medical malpractice is
simply a health care provider not doing what they are supposed to do, or
doing what they are not supposed to do. The term indicates ordinary
negligence - medical negligence by a health care provider that causes an
injury.
Good medical care requires a proper response. The standard of care is
constantly improving and what was appropriate, acceptable or commonly
done in the past may not be so now. When a healthcare provider deviates
from the standard of acceptable medical care and acts negligently, any
resulting injuries could be the basis for a medical malpractice claim.
For you to win a monetary award, your attorney must prove these
elements: a doctor- patient relationship existed; the provider must
breach the duty to meet the standard of care; the breach in the standard
of care caused the injury; and, there was a significant injury or
damage to the patient.
If you decide to hold negligent hospitals and doctors accountable for
mistakes made, you have taken a stop to help curb medical malpractice.
You certainly have the right to file a lawsuit against any hospital,
doctor or other healthcare professional whenever it is believed
malpractice may have occurred.
If you believe you are a victim of medical malpractice, let Cochran,
Foley & Associates fight for your rights. There is no obligation for
case evaluation and no fee is charged unless a recovery is made. Click
here for a free consultation or call 800-322-5543 and ask for Terry
Cochran or Lynn Foley.
The Law Offices of Cochran, Foley & Associates, P.C. is dedicated
to representing individuals and families who have suffered catastrophic
losses as a result of injuries, disabilities and death. The firm does
not represent insurance companies or corporations but instead bases its
practice upon representing individuals and families