Workers Compensation

Cochran, Foley & Associates, P.C. Workman’s Compensation Injury Firm> Back To Top
The Law Offices of Cochran, Foley & Associates, P.C. are workman’s compensation Michigan attorneys dedicated to representing individuals who have suffered catastrophic losses as a result of injuries sustained at work. We’re leading worker’s compensation Michigan attorneys and look forward to answering any questions you may have.
As a service to you we’ve written several articles that will help you understand your rights, and when you should—and shouldn’t—contact workman’s compensation Michigan attorneys. We hope this service is as useful to you as actually contacting a workman’s compensation lawyer in Michigan.
If you have questions about any of these topics please feel free to contact our team of workman’s compensation claim lawyers directly. We’re worker’s compensation Michigan attorneys who are happy to help.
Workman’s Compensation Injury Article List
What Should A Worker Expect When Injured at Place of Employment > Back To Top
Worker's Compensation is the name given to a system of laws intended to protect injured workers. The goal of the workman’s compensation claim is to make sure if you are injured at work that you receive appropriate medical care, lost wages, retraining and rehabilitation if needed to re-enter the workplace, or benefits for your family if you are killed on the job.
The Worker's Compensation Disability Act of Michigan requires employees to carry worker's compensation insurance to pay economic damages to workers injured on the job. There are three basic types of benefits: lost wages, medical, and vocational rehabilitation.

The Michigan Workman's Compensation Bureau recently was consolidated into the Michigan Worker's and Unemployment Bureau. The new bureau now handles both unemployment and worker's compensation claims. -->

Who is Covered, Who is Not > Back To Top
Most workers in Michigan are covered by Michigan Worker's Compensation if injured on the job. Some workers who may not be covered, however, include agricultural workers or federal workers such as postal carriers. Some businesses with three or fewer employees also may be exempt. A workman’s compensation lawyer in Michigan will give you complete details.
"While a typical injured employee does not know worker's compensation law, a typical employer is very much aware of how the system works and how to terminate an employee's benefits," says attorney Terry Cochran, partner in the law firm of Cochran, Foley & Associates, PC, which specializes in workman's comp and other liability cases.
"An injured worker who returns to work to a specifically created position may find that, 100 weeks later, the position is eliminated and he is laid off - no longer eligible for workers' comp," cautions Cochran. "Many employers hire doctors who are much more interested in maintaining a relationship with the employer than with accurately diagnosing the employee. My firm will help protect your rights when one of these 'hired gun' doctors tries to block you from getting necessary treatment, cut off your benefits, or send you back to work too early."
The lawyer experienced in worker's comp whom you hire also will know the administrative judges or hearing officers who preside over comp hearings, and likely will know many of the doctors and defense lawyers who are trying to block your claim. An attorney who knows the ins and outs of the system can help ensure you collect benefits due you or, if you wish, get a maximum payoff to settle your compensation claim.

Wage & Medical Benefits > Back To Top
The formula to determine wage loss benefits in Michigan is 80 percent of an employee's after-tax salary. In some cases, the wage loss benefit might be two-thirds of the worker's base salary, subject to limitations. When an employee's salary changes from week to week the benefit may be based on the 39 highest weeks of pay during the past year. Normally the 80 percent calculation is more beneficial to the worker, but legal counsel can best determine which calculation should be used.
All necessary medical expenses incurred by an injured worker are to be paid for by worker's compensation insurance. But there can be disagreements about what constitutes reasonable and necessary medical treatment. If the treatment is for a work-related injury than the payments should continue indefinitely.
If there is a dispute about wage loss or medical benefits, consult an attorney to protect your rights.

Giving Timely Notice > Back To Top
If you have been injured at work, or if you suffer from an occupational disease, you have a clear claim for worker's compensation benefits. Notice should be given to your employer as soon as possible. Once you make a claim for benefits, your employer must investigate and make a decision within 30 days. After first notifying your employer of the claim, call an attorney and discuss whether legal representation is necessary.
The company does have the right to send you to its doctor within 10 days of the injury. You also have the right to see your own doctor. You must give written notice to your employer of the name and address of the doctor you are seeing for treatment.
Your medical expenses will be paid but your doctor must send copies of medical records and reports supporting the claim to your employer. Your employer retains the right to have you examined by the company doctor at any time during your disability. You can challenge the opinion of any physician at a workman's compensation hearing.
If you have been injured at work or have an occupational disease, and are off work for more than eight days, your employer is responsible for paying your lost wages. Wage loss benefits are not subject to local, state or federal taxes. There is no limit to how many weeks of benefits you may receive if you are permanently disabled.

Blame is not a Factor > Back To Top
Workman's Compensation is considered a "no fault" insurance system because the worker is compensated regardless of blame unless the accident is caused by intoxication, willful misconduct, or gross negligence. Often workers comp claims are paid voluntarily by an employer, but certainly not always.
Your employer can refuse to pay benefits from the beginning, terminate benefits after payment has started, or call you back to work before you are physically able to return. At this point, you need to hire an attorney who will begin the hearing process laid out by the Michigan Workers & Unemployment Bureau.
There are informal hearings conducted by a mediator who considers the evidence, makes a recommendation, but has no authority to order payment of benefits. A formal hearing is where both sides are represented by counsel before a magistrate who has the authority to order payment of benefits. An order to pay benefits is known as an open award.
In some cases, the employer and the employee agree to a lump sum payment for all past, present and future benefits. This is called a redemption and is a full and final settlement of any and all claims the employee may have against the employer for workers' compensation benefits.
If you suffer a workplace injury or occupational disease, 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.

Medical Malpractice Plastic Surgery Malpractice

Medical Mistakes Are More Deadly Than Auto Accidents But Victims Often Lose Out on Rights > Back To Top
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? > Back To Top
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.
The Michigan Patient Bill of Rights > Back To Top
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 > Back To Top
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 > Back To Top
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.

Medical Malpractice Physician Malpractice & Nursing Malpractice

Medical Mistakes Are More Deadly Than Auto Accidents But Victims Often Lose Out on Rights > Back To Top
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? > Back To Top
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.
The Michigan Patient Bill of Rights > Back To Top
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 > Back To Top
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 > Back To Top
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.

Medical Malpractice Emergency Center Malpractice

Medical Mistakes Are More Deadly Than Auto Accidents But Victims Often Lose Out on Rights > Back To Top
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? > Back To Top
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.
The Michigan Patient Bill of Rights > Back To Top
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 > Back To Top
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 > Back To Top
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.

Medical Malpractice Medical Malpractice

Medical Mistakes Are More Deadly Than Auto Accidents But Victims Often Lose Out on Rights > Back To Top
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? > Back To Top
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.
The Michigan Patient Bill of Rights > Back To Top
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 > Back To Top
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 > Back To Top
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.

Medical Malpractice Spinal Cord Injury

Traumatic Brain Injury - Often Invisible But Always Dangerous and Very Costly to Treat
Speak to Our Brain Injury Lawyer in Michigan or Brain Damage Attorney in Michigan to Learn More. Click here for a free consultation with our Brain Injury attorney in Michigan or Brain Injury lawyer in Detroit or call 800-322-5543 and ask for Terry Cochran or Lynn Foley.
Traumatic brain injury; which involves damage to brain tissues, is often serious and life-altering. A major challenge is that a brain injury is not always immediately visible and can go undetected for months, if not years. Brain injuries are usually the result of a car accident, fall or firearm but can also be caused by physician error.
Almost 2 million Americans suffer a brain injury each year and almost half involve a long term disability. More than $48 million is spent annually in the U.S. to treat traumatic brain injuries.
Cochran, Foley Wins a $15.8 Million Verdict in a Medical Malpractice Case Click Here to Read More.....
We Specialize in Brain Injury Law in Michigan
Let our Brain Injury lawyer in Michigan or our Brain Damage Attorney in Michigan fight for your rights. We specialize in Brain Injury Law in Michigan. There is no obligation for case evaluation and no fee is charged unless a recovery is made. Click here for a free consultation with our Brain Injury attorney in Michigan or Brain Injury lawyer in Detroit or call 800-322-5543 and ask for Terry Cochran or Lynn Foley. Dedication
Our Brain Injury lawyer in Michigan and Brain Injury lawyer in Detroit are 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.
The Science of the Human Brain
The brain is about five pounds, a little less in weight than a gallon of milk. The brain consists of a soft, spongy material inside, almost like firm gelatin, and is surrounded by four lobes. The frontal lobe is what distinguishes man from the animal kingdom, as it is the portion which allows us to make judgments, execute thought, think, perceive and make subtle distinctions.
The brain is encased by a bone skull which acts like a helmet to protect the brain. The brain itself is covered by a fluid net that helps hold the brain inside the skull. If the skull is bumped hard and pieces of the skull enter the brain, the result is what is called a fractured skull.
What is a Traumatic Brain Injury?
The head can be hit hard enough to throw the head forward so hard that the brain strikes the skull, causing a shearing, bruising or tears, muck like a torn ligament. The motion of the brain bouncing forward and then back is known as coup and contra-coup. This type of damage is known as a traumatic brain injury.
A penetrating injury, or open wound, involves an actual penetration of the skull and brain tissue and is clearly visible the moment of injury. The most common traumatic brain injury, known as a closed head injury, can be a temporary concussion or a more serious injury resulting in permanent disability, loss of learning ability, or death.
Brain Injury Side Effects
A traumatic brain injury can cause dizziness, loss of consciousness or an alarmed state of consciousness, a momentary sensation of "being out of it," a feeling of being dazed, a coma, or severe headache. No two brain injuries are alike but are as distinct as our fingerprints. Each traumatic brain injury is as different and distinct as our individual personalities. Some victims will suffer a loss of memory, others aggressive behavior.
In most cases a traumatic brain injury will not show up in a MRI. Medical professionals used by Cochran, Foley & Associates, PC, use a Neurological Psychological Evaluation (NPE) which is a battery of tests administered for 6-8 hours by a certified neuro-psychologist. An NPE tests different functions of the brain as well as basic intelligence, and will determine the area of the brain that is not functioning as it should.
Terry Cochran, senior partner, says it is important for the public to understand that mild to moderate traumatic brain injury can produce highly significant results but often is misunderstood and misdiagnosed because the symptoms are not initially clearly visible. The victim can appear to resume a normal functional life and then experience serious problems months later.
Both Terry Cochran, a board member of and activist with the Brain Injury Association of Michigan, and partner Lynn Foley, a RN and expert on medical issues, should be consulted by anyone who believes they have sustained a traumatic brain injury.
The special knowledge Terry Cochran and Lynn Foley possess make them uniquely qualified as attorneys to counsel brain injury victims and family members. Because physicians fail to diagnose a traumatic brain injury, and because such injuries are misunderstood by insurance companies, getting the financial help you need without an attorney can be very challenging. Let Us Help!
Cochran, Foley & Associates will gather all the documentation needed, and order any necessary tests, to make a determination on whether a traumatic brain injury exists, what type it is, and how it specifically will be manifested. We will then file the appropriate claim so you can be financially reimbursed for actual expenses, and sometimes for punitive damage.

Medical Malpractice Brain Injury

Traumatic Brain Injury - Often Invisible But Always Dangerous and Very Costly to Treat
Speak to Our Brain Injury Lawyer in Michigan or Brain Damage Attorney in Michigan to Learn More. Click here for a free consultation with our Brain Injury attorney in Michigan or Brain Injury lawyer in Detroit or call 800-322-5543 and ask for Terry Cochran or Lynn Foley.
Traumatic brain injury; which involves damage to brain tissues, is often serious and life-altering. A major challenge is that a brain injury is not always immediately visible and can go undetected for months, if not years. Brain injuries are usually the result of a car accident, fall or firearm but can also be caused by physician error.
Almost 2 million Americans suffer a brain injury each year and almost half involve a long term disability. More than $48 million is spent annually in the U.S. to treat traumatic brain injuries.
Cochran, Foley Wins a $15.8 Million Verdict in a Medical Malpractice Case Click Here to Read More.....
We Specialize in Brain Injury Law in Michigan
Let our Brain Injury lawyer in Michigan or our Brain Damage Attorney in Michigan fight for your rights. We specialize in Brain Injury Law in Michigan. There is no obligation for case evaluation and no fee is charged unless a recovery is made. Click here for a free consultation with our Brain Injury attorney in Michigan or Brain Injury lawyer in Detroit or call 800-322-5543 and ask for Terry Cochran or Lynn Foley. Dedication
Our Brain Injury lawyer in Michigan and Brain Injury lawyer in Detroit are 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.
The Science of the Human Brain
The brain is about five pounds, a little less in weight than a gallon of milk. The brain consists of a soft, spongy material inside, almost like firm gelatin, and is surrounded by four lobes. The frontal lobe is what distinguishes man from the animal kingdom, as it is the portion which allows us to make judgments, execute thought, think, perceive and make subtle distinctions.
The brain is encased by a bone skull which acts like a helmet to protect the brain. The brain itself is covered by a fluid net that helps hold the brain inside the skull. If the skull is bumped hard and pieces of the skull enter the brain, the result is what is called a fractured skull.
What is a Traumatic Brain Injury?
The head can be hit hard enough to throw the head forward so hard that the brain strikes the skull, causing a shearing, bruising or tears, muck like a torn ligament. The motion of the brain bouncing forward and then back is known as coup and contra-coup. This type of damage is known as a traumatic brain injury.
A penetrating injury, or open wound, involves an actual penetration of the skull and brain tissue and is clearly visible the moment of injury. The most common traumatic brain injury, known as a closed head injury, can be a temporary concussion or a more serious injury resulting in permanent disability, loss of learning ability, or death.
Brain Injury Side Effects
A traumatic brain injury can cause dizziness, loss of consciousness or an alarmed state of consciousness, a momentary sensation of "being out of it," a feeling of being dazed, a coma, or severe headache. No two brain injuries are alike but are as distinct as our fingerprints. Each traumatic brain injury is as different and distinct as our individual personalities. Some victims will suffer a loss of memory, others aggressive behavior.
In most cases a traumatic brain injury will not show up in a MRI. Medical professionals used by Cochran, Foley & Associates, PC, use a Neurological Psychological Evaluation (NPE) which is a battery of tests administered for 6-8 hours by a certified neuro-psychologist. An NPE tests different functions of the brain as well as basic intelligence, and will determine the area of the brain that is not functioning as it should.
Terry Cochran, senior partner, says it is important for the public to understand that mild to moderate traumatic brain injury can produce highly significant results but often is misunderstood and misdiagnosed because the symptoms are not initially clearly visible. The victim can appear to resume a normal functional life and then experience serious problems months later.
Both Terry Cochran, a board member of and activist with the Brain Injury Association of Michigan, and partner Lynn Foley, a RN and expert on medical issues, should be consulted by anyone who believes they have sustained a traumatic brain injury.
The special knowledge Terry Cochran and Lynn Foley possess make them uniquely qualified as attorneys to counsel brain injury victims and family members. Because physicians fail to diagnose a traumatic brain injury, and because such injuries are misunderstood by insurance companies, getting the financial help you need without an attorney can be very challenging. Let Us Help!
Cochran, Foley & Associates will gather all the documentation needed, and order any necessary tests, to make a determination on whether a traumatic brain injury exists, what type it is, and how it specifically will be manifested. We will then file the appropriate claim so you can be financially reimbursed for actual expenses, and sometimes for punitive damage.