Hospital Negligence

Our firm's lawyers have been dedicated to medical malpractice claims for decades, despite their complexity and expense. This is because at Bencoe & LaCour, we firmly believe that because patients are in a vulnerable position while receiving healthcare, care must be taken to uphold their dignity. When medical care is provided by government or commercial institutions, however, it can become more like a business than a personal healthcare relationship. When medical decisions are made for business reasons, they may no longer benefit the patient. When a healthcare provider does not uphold the patient's dignity and needs, neglect, harm and even death can result.

Preventable medical errors kill between 200,000 and 440,000 Americans every year, according to the Institute of Medicine. If the Centers for Disease Control classified medical errors as a category, it would be the sixth leading cause of death, meaning that medical errors would kill more people every year than auto accidents or guns. The result of medical errors and corporate medical practices can be devastating.

We strongly believe that when medical errors kill or seriously harm you, you have a right to seek compensation in a court of law. This is the only action that demands accountability. It is no different, fundamentally, than when a commercial truck driver fails to follow the safety rules learned during driving school - if failing to follow those rules is a cause of harm or death to another, the wrongdoer should be responsible for the harm they cause. This seems simpler than it actually is, unfortunately. Hospitals and physicians' insurance carriers realize how expensive and time consuming it is for the average citizen to get to the courthouse with a medical negligence claim, and they realize that people fundamentally want to believe that their health care system is safe. For this reason, hospital and physician claims rarely settle early. Most are hard fought instead. Many patients choose not to pursue claims, or decide to drop them or settle them for less than they would normally be worth.

At Bencoe & LaCour, we commit to claims we believe in for the entire journey from injury to the jury verdict, if necessary. We believe that your Seventh Amendment right to trial by jury is only meaningful if there are attorneys willing to uphold that right with you, as a team.

We evaluate medical negligence claims very carefully, relying heavily on the medical literature in the field of medicine at issue, and upon what the medical records do and do not reveal. The best evidence of a claim is often found in the medical records or in diagnostic imaging films, such as CT scans. We seek out highly qualified and educated medical professionals to help us review those records and films, to determine if your claim can be won in court, and if so, how and why.

For more information about medical negligence claims in our country, please read Medical Negligence AAJ 2011.

You can also find additional information at the following links:

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