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What Is a Medical Negligence Claim?

It’s actually three things; it’s proving the standard of care, proximate causation, and damages. Crandall & Pera Law will analyze your medical records and hire independent medical experts to prove what the standard of care is, and that your physician failed to meet the standard of care. But our evaluation does not stop there – we also have to prove what is called proximate cause.

Here’s a quick example of proximate cause. If you’re in a car and you go up to a stop sign, you are supposed to stop at the sign. If you don’t and you go through the sign, then you were negligent. But if you go through the sign and don’t hit anyone, then you have not proximately caused any damages. If you go to the stop sign in your car and you go through it, and you hit a car and injure individuals, then your negligence has proximately caused damages.

Crandall & Pera Law will hire independent experts to evaluate proximate cause, and ensure that we prove that too.

Lastly, we have to prove damages. The types of damages that we see in medical negligence cases include death, scarring and disfigurement, and brain damage. If you have any other questions, or would like a free consultation on medical negligence, nursing home, commercial trucking or personal injury, feel free to send us an email, sent us a request on an online chat or contact us at either our Ohio or Kentucky numbers.

Medical negligence is more likely than ever

Recent studies have documented a chilling statistic; medical errors are now the third leading cause of death in the United States. Calculations estimate that medical errors kill nearly 251,000 people each year, a number that continues to grow. Worst of all, the rate of medical errors has not changed in nearly 16 years despite the continuing progress of medical research. When the rate of population growth is factored in, we see that the number of medical errors has actually increased year on year for more than decade.

These are sobering statistics. A September 2015 report from the Institute of Medicine found that most people suffer at least one wrong medical diagnosis in their life. As our population ages and more and more patients are treated by a flawed healthcare system, these numbers will only increase. In short, the likelihood that your loved one will be the victim of medical negligence increases all the time.

When your loved one is a victim of medical negligence, it can be difficult to know what to do. Mounting medical bills, declining health, and constant doctors visits create confusion and cause emotional turmoil. Consulting experienced legal counsel can cut through the complex issues and help you and your family during your time of need. The compassionate legal team at Crandall & Pera Law has experience fighting big healthcare and the big companies that insure them. Let our family help yours. Call 877.686.8879 or contact us today for a free consultation.

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