We all deserve to have peace of mind knowing that our loved ones who are unwell and vulnerable will be given competent medical care. But in recent years, negligent doctors' errors have led countless numbers of people to become injured or worse - even resulting in death at times. That's why our Denver medical malpractice lawyers place a focus on providing help for those left with serious injuries following their time spent as unsuspecting patients receiving treatment from another individual.
With more than 100,000 Americans having been victimized by these cases annually, it is imperative to provide comprehensive assistance when it comes down to such important issues so you can receive the financial compensation they rightly deserve after suffering pain and agony due to someone else's wrongdoing. Call our Denver injury law firm today at 720-770-5454 to discuss your legal issue, we will explain your rights and help secure the compensation you deserve.
What to do if You Have Been a Victim of Medical Malpractice
The longer you wait, the more difficult it will be to prove that a medical provider was negligent. If your negligence claim is filed too late then they might not take responsibility and could even try to blame your damages on something else.
The faster we get in touch with an experienced attorney, the sooner we can help so these issues don't worsen before you know what's happening!
An attorney can take care of the legal work on your behalf. They'll start an immediate investigation and will make sure to preserve any important evidence related to your claim. When you meet with a Denver malpractice lawyer, they will want to know:
- What medical condition led to you seeking treatment?
- When you received treatment for your condition.
- Where were you treated?
- What medical procedure was administered?
- Who provided your treatment.
- Harm you have suffered as a result of your treatment.
You'll need to compile records like medical expenses, invoices, and insurance statements. But if you don't have these documents or can't find them, that shouldn’t stop you from seeking legal help - just contact us!
Do You Need a Lawyer for a Medical Negligence Claim?
Our personal injury lawyers offer free consultations and will work for a percentage of the settlement or compensation that they help you recover from an insurance company. This contingency fee basis means you do not have to worry about paying any legal fees upfront, and often injury victims with legal representation get larger settlements.
We have a proven track record of success and your best interests in mind. Call us today to speak with one of our experienced attorneys about receiving a free consultation on your medical malpractice case!
How to File a Medical Malpractice Claim in Colorado
The Colorado Medical Malpractice statute requires a certificate of review pertaining to each healthcare professional named in the case within 60 days following the filing of the lawsuit. The court may grant an extension if good cause is shown and plaintiffs have been diligent with their application for this process before time expires. This certificate must state that:
- The plaintiff consulted with a medical expert
- The expert reviewed their claims before concluding that their case does not lack substantial justification.
If the defendant is a physician, the expert in your certificate of review must meet Colorado's legal qualifications for testifying as an expert witness in medical malpractice lawsuits against doctors. They must also be a licensed physician in the same or similar field as the defendant. If the defendant is not a physician, then the certificate must declare that the consulted expert has been given sufficient training to offer an opinion on whether or not negligence was present in your case.
Failing to file a certificate of review within the correct time limits will most likely result in your case being dismissed.
Liability in Medical Malpractice Claims
You have the option to sue any individual who committed malpractice, though it is more often a doctor. Occasionally, you can also file suit against anesthesiologists and other medical professionals if they were involved in your injury or had some responsibility for what occurred prior to treatment. A Denver-based lawyer with experience defending these types of cases will be able to determine which individuals are at fault so that we may seek compensation accordingly.
If you are a victim of medical mistakes and the wrongdoer was an employee of your hospital or healthcare center, it is important to determine if they were acting within their job duties when committing the wrongful act. A hospital or healthcare center can be liable if they are negligent in their practices, policies, and procedures.
You can sue clinics and hospitals for the negligence of their employees. If a nurse or other staff member does not provide care with due diligence, you may be able to file suit against both the employee as well as employer in order to receive compensation that sufficiently covers your losses.
Medical malpractice can be a complicated legal subject, and it’s important to know that most doctors are not employed by hospitals. This means you cannot sue the hospital if they committed medical errors. However, there may be exceptions in your case where this might apply.
Common Causes of Medical Malpractice
You expect your condition to improve when you go see a doctor. But sometimes doctors do more harm than good and it can lead to serious consequences like mental or physical deterioration, even death in extreme cases.
According to a study published in the Journal of Patient Safety, over 200,000 people die prematurely every year because of errors from medical professionals. And 10-20 times as many people suffer from non-lethal harm every year. Signs that may show you or a loved one might be victims of medical negligence include:
- Failure to Diagnose an Issue: A delayed diagnosis can have a fatal effect on any disease, not just cancer. A doctor's negligence to diagnose early symptoms of the illness quickly could lead to complications or fatalities in the future if they are left untreated for too long and become more aggressive with time.
- Misdiagnosis: Failure to administer a correct diagnosis can worsen a patient’s condition. A doctor might attribute your symptoms to the wrong disease, and prescribe improper treatment that is not only ineffective for you but potentially harmful.
- Incorrect Prescriptions: Doctors must be mindful of the medications they prescribe, and double-check to ensure that what you’ve been prescribed will not harm your body. This is crucial when it comes to medication prescriptions because if a doctor prescribes something for an illness that doesn't apply or is done in too high of a dosage this can have detrimental effects on one's health (even death).
- Lack of Informed Consent: Doctors are obligated to be transparent and provide all the information necessary for an informed decision before administering any treatment methods. If a patient suffers from complications during a procedure in which they were not sufficiently informed of the risks, this can establish a basis for a malpractice claim for damages.
- Admission of Fault: One of the surest signs that your doctor has committed medical malpractice is if they admit fault for any injury you sustained during treatment. If, for example, your physician admitted to making an incision in the wrong location or administering medication errors after misdiagnosing you with another illness then it's likely that this was due to them committing medical malpractice and could be grounds for filing suit. Many doctors don't openly admit error though which can make distinguishing between mistakes and deliberately negligent behavior difficult sometimes - but there are ways we can help figure out what happened.
- Accidental Death: When a loved one dies during or after surgery, it's important to look into the cause of death. There are many risks associated with surgeries, but if they die in-hospital and then moved elsewhere for another procedure before passing away - that might mean negligence on behalf of their care provider is at fault and result in a wrongful death suit.
You deserve to have a voice in the medical treatment you receive. However, if your doctor has caused harm against you or someone close to you then it is best that they consult an experienced Denver medical malpractice attorney for legal advice before moving forward with any other course of action.
Schedule a Free Consultation With Our Attorneys Today
People who suffer from an injury caused by someone else’s careless action deserve just as much justice in their lives now as they did before it happened. Don't settle for less than what you deserve! If you or a loved one is a victim of medical malpractice, we are here to help. We have the experience and knowledge that can make your life easier while fighting for fair compensation which could alleviate some of the stress from this situation.
Helping people just like you is what our Denver personal injury lawyers do best. We have the dedication, knowledge, and resources necessary to take legal action and help you get maximum compensation for your pain and suffering. You can also chat with us online or call 720-770-5454 today for a free legal consultation for your situation