When medical treatment goes wrong, it can have life-changing consequences. From misdiagnosis to surgical errors, patients may need compensation for medical costs and other expenses. Navigating the medical malpractice process step by step can be overwhelming, but at Cohen Medical Consulting, we help clients understand the process and determine if compensation is due. In this blog, we’ll explore how compensation works, how the process unfolds, and how our expert team can assist in securing the compensation you deserve.
Medical malpractice occurs when a healthcare provider’s actions or inactions fall below the expected standard of care, resulting in harm to the patient. This could take many forms, such as surgical errors, misdiagnosis, medication mistakes, or inadequate treatment. For a claim to be considered valid, it must be shown that the provider’s actions caused actual harm or injury.
A critical concept in medical malpractice claims is the standard of care — the level of care a reasonably competent provider would offer in similar circumstances. Proving that a provider failed to meet this standard is essential for a claim to succeed.
Understanding the standard of care is central to any medical malpractice claim. It refers to the level of care that any competent and reasonably skilled provider would offer in a similar situation. If the care you received deviated from this standard and caused harm, you might have grounds to seek compensation.
But how do you prove that the standard was not met? The answer lies in a careful review of medical records and expert opinions. Experts in the medical field assess whether the actions taken by the healthcare provider were reasonable and in line with standard practices.
The medical malpractice process step by step involves several stages. Here is an outline of the key steps that you’ll go through when pursuing a claim:
Initial Case Review: The first step is to review the details of the case. During this stage, your team will assess the facts and determine whether there’s a strong case for medical malpractice.
Medical Record Examination: Your medical records will be thoroughly reviewed to identify any discrepancies or deviations from the standard of care. This step is essential to determine whether the healthcare provider’s actions were appropriate.
Expert Review: A medical expert will be consulted to evaluate the specifics of your case. These experts help determine if the standard of care was breached. Their opinions are crucial to your case and may serve as key testimony in support of your claim.
Filing the Claim: If your case is deemed strong enough, a formal claim will be filed, alleging that the healthcare provider’s actions caused you harm.
Discovery and Negotiation: During this phase, both sides exchange evidence, including medical records and expert opinions. Settlement negotiations may occur here if the case can be resolved without going to trial.
Trial: If no settlement is reached, the case proceeds to trial, where the facts and evidence are presented to a judge or jury who will decide whether the provider’s actions were negligent.
The amount of compensation you can receive depends on several factors, including:
Medical Expenses: Compensation typically covers past and future medical expenses related to the injury. This could include hospital stays, surgery, therapy, or long-term care needs.
Lost Wages: If the injury has affected your ability to work, compensation may include lost wages and loss of future earning capacity.
Pain and Suffering: Compensation may be awarded for the physical and emotional distress caused by the injury. This is often a subjective element in the claim but can be significant in severe cases.
Punitive Damages: In rare cases, punitive damages may be awarded if the healthcare provider’s actions were particularly reckless or egregious.
The total amount of compensation depends on the severity of the injury, the extent of the harm, and the lasting impact on your life.
While the focus of this blog is on medical malpractice, it’s important to understand that legal malpractice claims can sometimes arise in the context of medical claims. If you feel that your case has been mishandled due to errors or omissions in the legal handling of your case, you may be entitled to pursue a legal malpractice claim.
At Cohen Medical Consulting, we work closely with your team to ensure that all medical evidence is properly presented and handled, ensuring that no mistakes are made in your pursuit of justice.
Medical experts play an integral role in the medical malpractice process step by step. Their job is to review your medical records, assess whether the standard of care was met, and provide their expert opinion on the matter. This testimony is crucial to building a strong case.
At Cohen Medical Consulting, Dr. Michael Cohen and his team provide expert analysis based on over 30 years of experience in the medical-legal field. We carefully evaluate your case, connect you with the right experts, and help ensure that their testimony strengthens your claim.
At Cohen Medical Consulting, our goal is to provide expert guidance throughout the entire medical malpractice process. With over three decades of experience in the field, Dr. Michael Cohen leads a team of seasoned professionals who specialize in analyzing complex medical issues and working with the necessary experts to build a solid case.
We help clients navigate the medical malpractice process step by step, ensuring that every aspect of the case is thoroughly examined. Our experience extends to supporting clients with severe injuries that require ongoing treatment and rehabilitation, ensuring that your future medical needs are taken into account when seeking compensation.
If you or a loved one has been affected by medical malpractice, understanding the process and seeking compensation is crucial. At Cohen Medical Consulting, we are here to help you navigate the complexities of the medical malpractice process step by step. Our team works closely with you to review your case, consult with experts, and ensure you get the compensation you deserve. If you believe you’ve been a victim of medical malpractice, contact us today to get the guidance and support you need.