A recent article in the Legal Examiner, a legal periodical, asks provocative questions as to whether Colorado’s medical malpractice caps on non-economic damages are costing injured Colorado residents who have been the victims of medical malpractice. The often-cited justification for caps on medical malpractice damages is to prevent the premiums for physicians’ medical malpractice liability… Read more »
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Colorado Medical Malpractice
Malpractice Victims Must Overcome ‘Culture of Secrecy’
Regardless of the amount of faith many Americans want to place in their doctors, the fact remains that physicians are capable of mistakes. Some of these mistakes can, unfortunately, result in serious injuries and even death. While some of these mistakes are allegedly “unavoidable,” a news investigative report suggests that the damage caused by such… Read more »
Survey Indicates Doctors Often Blame Victims for Malpractice Suits
In 1971, leading sociologist William Ryan published his landmark work, Blaming the Victim, in which he identified a phenomenon in which perpetrators of harm justify their actions by pointing the finger at their victims. While Ryan’s work focused on ethnic minorities and the attempts of his colleagues to pin the blame for their plight on… Read more »
Diagnostic Errors: A Major Source of Malpractice Death and Injuries
A recently released report from the Institute of Medicine, entitled “Improving Diagnosis in Health Care,” provides some sobering information, concluding that there is a dire need for “widespread changes in health care to improve diagnoses.” Among the report’s more alarming findings, is the pronouncement that nearly every American will experience a diagnostic error at some… Read more »
Members of Congress Demand New Investigation in Morcellator Scandal
Temporarily setting aside partisan politics to pursue the common goal of protecting Americans from highly dangerous medical practices, 12 members of Congress recently demanded that the U.S. Government Accountability Office (GAO) investigate a gynecological surgical device that spreads cancer in an alarming percentage of women. In the words of the letter’s authors, which include Representative… Read more »
When Surgery Leaves Patients Worse Off, Malpractice Suits Ensue
While the legal ins and outs of malpractice can involve complicated medical and legal issues, the bottom line is easy to understand. When doctors and other medical professionals unnecessarily harm instead of help patients, these patients deserve to be compensated. Similarly, when a doctor’s carelessness causes death, family members should not suffer financially in addition… Read more »
Will New Warnings Protect Victims from Morcellator Injuries?
Among the more appalling medical controversies in the past few years is the power morcellator scandal. This surgical technique involves the use of a power tool that can actually spread cancer in certain instances. Morcellators have been widely used as a minimally invasive procedure to remove uterine fibroids, which are growths that some women develop… Read more »
Burg Simpson Announces $56.9 Million Yaz Arterial Thrombosis Settlement
Burg Simpson Eldredge Hersh & Jardine, P.C., announced Monday that Bayer HealthCare Pharmaceuticals Inc. (“Bayer”) has agreed to pay $56,900,000 to resolve the claims of approximately 1,300 women who suffered Arterial Thrombotic Events (“ATE”), such as strokes and heart attacks, after using Bayer’s drospirenone-containing oral contraceptives (Yaz, Yasmin, Ocella, Gianvi, Beyaz and Safyral) without admitting… Read more »
Increased Newborn Screening in Colorado May Cut Infant Mortality
For most parents, the day on which their child was born ranks as one of the happiest moments of their lives. Some parents never experience the elation of a healthy baby, however, with medical complications arising immediately during or right after labor. These parents frequently experience an emotional roller coaster and feel that their newborns’… Read more »
What is the “Minimum Standard of Care” in Medical Malpractice litigation?
If your doctor’s conduct falls below the “standard of care”, you may have a medical malpractice claim. If you want to know more, the attorneys at Burg Simpson have a network of physicians across the country that can help you determine whether or not you have a valuable case. Call Scott Eldredge at 303-792-5595.