Medical Malpractice

General Medical Negligence

When you or someone you care about suffers an injury during or as the result of medical treatment, the question of whether the injury gives rise to a legal claim can be a difficult one. At Burg Simpson, we’re here to help you find the answer.

If you believe that you were injured as a result of a healthcare provider’s general medical negligence, please call us to discuss your situation. We’re here to help. There is never a charge for an initial consultation.

Over half of all medication errors result in serious illness or death. About 1.3 million Americans suffer injuries due to medication errors each year. Medication errors are also referred to as "adverse drug events" (ADEs).

COMMON MEDICATION ERRORS INCLUDE:

  • Administration of the wrong medication
  • Administration to the wrong patient
  • Incorrect dose
  • Medication inappropriate for condition
  • Medication inappropriate for patient based on medical history
  • Multiple prescriptions given in inappropriate combinations
  • Emergency rooms administering pain medication to intoxicated patients
  • Administration of experimental drugs without patient consent

The risk of ADEs affects nearly everyone. Eighty percent of Americans take prescription medications, over-the-counter medications, or supplements on a daily basis, and 30% take at least five different medications. It is easy to assume that people are more likely to make mistakes taking medications at home, expecting hospitals and their staff to exhibit a professional standard of care. The reality is that hospitalized patients can expect to experience at least one medication error every day. According to the Institute of Medicine (IOM), at least 400,000 preventable drug-related injuries occur in hospitals each year. About twice as many occur in long-term care settings. Overall, medication errors cause 7,000 deaths annually.

These can be many and far-ranging, but include:

  • Condition is not improved
  • Condition is worsened
  • Delayed recovery and/or extended hospital stay
  • Allergic reactions
  • Digestive problems
  • Seizures
  • Brain injury
  • Paralysis
  • Unexpected temporary mental or physical impairment
  • Overdose
  • Kidney damage
  • Liver damage
  • Heart attack
  • Permanent disability
  • Death

Causes of medication errors are potentially limitless, but some common ones are:

  • Poor labeling and packaging of medications
  • Poor handwriting
  • Failure to fully review patient’s medical records for drug allergies
  • Failure to fully review patient’s medical records for other prescriptions
  • Failure to adjust doses according to health changes in patient
  • Inadequate warnings provided by drug manufacturers

Because medication errors can occur in so many ways, it may be difficult to determine who is responsible. For instance, a doctor may have made an error in prescribing, or the prescription may have been correct, but administered improperly, or a drug may lack the proper warnings to alert health care professionals and patients to unique dangers. These are just a few reasons that it can be difficult to determine who is at fault.

  • Doctors
  • Nurses
  • Dentists
  • Psychiatrists
  • Hospital staff
  • Emergency room staff
  • Nursing home staff
  • Pharmacists
  • Drug manufacturers

Medication errors do not always have an outcome resulting in harm, but they can very easily result in serious injury or death. If you or a loved one has been injured or killed as a result of a medication error, you may be entitled to compensation for your loss including:

  • Current and future medical bills
  • Rehabilitation
  • Special education needs
  • Long-term care
  • Current and future loss of income
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • Burial expenses

Sometimes a piece of medical equipment, such as a tube, sponge, or surgical needle is left unintentionally in a patient’s body after surgery. When a surgeon or medical professional leaves behind retained foreign bodies, also called retained surgical items, the patient is at a great risk for infection, illness, organ damage, and even death. Although medical professionals usually take great pains to eliminate the risk of retained foreign bodies, this safety measure can sometimes go overlooked.

The failure to remove a surgical instrument or other object after surgery is a serious event. The patient will almost always have to undergo another invasive surgery, with its own additional set of possible complications, in order to remove the retained foreign body.

Proper diagnosis is fundamental to the practice of medicine. Researchers at Johns Hopkins studied 25 years of malpractice claims and found that diagnostic errors accounted for the most amount of claims and severest harms to patients. The study revealed that diagnostic errors may be the biggest patient safety problem in the United States. Most troublingly, diagnostic problems are often unrecognized, downplayed, or ignored.

Many medical conditions are treatable if they are properly diagnosed and treated in the early stages of the illness. Medical professionals, however, will sometimes either miss or give the wrong diagnosis, and this unnecessary delay can cause severe injury to someone with a serious medical condition. A delayed diagnosis can have a direct impact on a patient’s recovery and survival. The consequences can range from reducing life expectancy to paralysis to death.

Alan K. Simpson Argues For a 28th Amendment

 August 16, 2017

Alan K. Simpson Argues For a 28th Amendment

Are corporation’s people? It might sound like a simple question, but it’s one the U.S. Supreme Court answered in the affirmative when it handed down its landmark Citizens United v. Federal Election Commission decision in 2010. That 5-4 ruling struck down a prohibition against certain election communications by nonprofits, corporations, labor unions, and other associations…. Read more »

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

 August 15, 2017

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

Earlier this summer, the U.S. Supreme Court handed Big Pharma a big victory. In Bristol-Myers Squibb Co. v. Superior Court of California, the high court struck down California’s effort to widen the scope of non-residents seeking relief from dangerous drugs. In an 8-1 decision, the court ruled against nearly 680 plaintiffs who were suing the… Read more »

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

 August 15, 2017

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

  Twenty-Three Attorneys Were Listed in The Best Lawyers in America ® 2018 Four Attorneys Listed as 2018 Best Lawyers “Lawyer of the Year” In Their Practice Area and Region August 15, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, P.C., one of America’s foremost plaintiff trial firms, is proud to announce several… Read more »

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

 August 9, 2017

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

August 9, 2017 (Denver, CO) – Thousands of new homes may be uninhabitable due to excessive levels of formaldehyde, a known carcinogen, found in the joists of finished and unfinished basements. Homeowners and construction workers have reported feeling ill, with burning eyes and respiratory issues, after exposure to hazardous levels of formaldehyde present in these… Read more »

HR 1215 Bill – Colorado Medical Lawsuit Attorneys – Burg Simpson

 August 10, 2017

Legislation Threatens Medical Malpractice Victims

While Congress distracted the country with the drama of a failed Affordable Care Act repeal vote, lawmakers quietly – and barely – passed HR 1215, the “Protecting Access to Care Act of 2017,” on June 28. The bill makes it much harder for victims of medical malpractice to hold health care providers responsible for their… Read more »

Drive Safe – Denver Medical Malpractice Attorneys – Burg Simpson

 July 11, 2017

Lawmakers Revisit Medical Malpractice Caps

The specter of non-economic damage caps have haunted medical malpractice victims – and the attorneys who fight for them – since the 1970s. But its hasn’t seen this level of renewed interest since former President George W. Bush proposed a nationwide cap on medical malpractice awards in 2003. Just before the July 4th recess, the… Read more »

Birth Injury – Denver Medical Malpractice Lawyers – Burg Simpson

 May 16, 2017

A Perfect Storm for Birth Injury — When Staff is Too Busy to Care

When a baby suffers brain damage during the process of labor and delivery, sometimes it’s simply a tragic accident. Sometimes the damage could have been avoided. When that’s the case, and medical professional negligence caused the damage, then the law holds those people responsible. According to the latest “National HealthCare Quality Report,” injuries strike seven… Read more »

Save Women’s Lives - Denver Medical Malpractice Attorneys – Burg Simpson

 April 14, 2017

Could Medical Malpractice Lawsuits Save Women’s Lives?

Breast cancer affects one in every eight women in the United States. About 250,000 women are diagnosed with invasive breast cancer every year. This represents about 12 percent of the population. As the breast cancer epidemic continues, the screening and diagnostic process scrambles to keep up with the demand, and the complex nature of the… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

The Trial Lawyer Magazine

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Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Pop Culture

 November 18, 2015

Part IV – Does Popular Culture Influence Lawyers, Judges, and Juries?

TV and Movies – What We Love and Love to Hate Twelve Angry Men, To Kill a Mockingbird, the O.J. Simpson debacle…do these movies and televised lawsuits influence decision makers? Burg Simpson attorney Ronald M. Sandgrund continues the panel series dialogue, with Part IV addressing TV and movies. Download full article PDF

Pop Culture Part 3

 November 18, 2015

Part III – Does Popular Culture Influence Lawyers, Judges, and Juries?

Managing Popular Culture’s Influence Popular culture generally has been defined as “culture based on the tastes of ordinary people rather than an educated elite.” Part III investigates whether popular culture may be undermining the rule of law. Burg Simpson attorney Ronald M. Sandgrund mediates this panel article. Download full article PDF

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