Practice Areas

Medical Malpractice

Many people call us every day to take their case, and we thoughtfully assess each one. One of the most common calls we get has to do with medical malpractice situations. Our lawyers are known to be leaders in this field which requires a thorough initial evaluation. Such cases are very hard to evaluate, and hard to prove. We do the evaluation by consulting with experts in the medical community, and also using our vast experience in trials and litigation arising from medical malpractice.

One of the major questions in any such case is whether or not the injury or death which you feel might be the result of medical malpractice is an act which falls below the standard of care. The “standard of care” in California requires that a healthcare provider exercise adequately the skill, knowledge and care ordinarily possessed and exercised by other members of the profession acting under similar conditions and circumstances. This analysis requires a medical expert opinion.

Medical malpractice cases costs a lot of money and take a lot of time. Fees we are entitled to charge on a contingency basis (in other words, we typically only get paid if we get money from those who hurt you) are set by statute, as is the right to compensation for pain and suffering. In 1975 California passed a law which limited compensation in medical malpractice cases for pain and suffering, no matter how terrible, to $250,000. That law has never changed. Medical malpractice cases are the only kind of cases in California where the injured plaintiff is restricted from recovering all of their damages, which makes it hard to find top lawyers willing to take that risk for less profit.

Despite this reality, The Cochran Firm is committed to taking on these cases and preparing to fight each one through trial. We choose our battles wisely, but we are well-known in this small community to be warriors on your behalf when the case is righteous and our analysis tells us it makes economic sense to fight. Sadly, we decline cases everyday too, because we cannot justify the expense and risk in so many situations.

Because of these risks and complexities, very few skilled trial lawyers who work for people like you take these kinds of cases. The Cochran Firm is committed to serving the community, though, and we do welcome such cases. Nonetheless, we still can only take the most outrageous cases, because they have this built-in risk and doctors enjoy such protections through our laws.