Firm-Wide blog

Medical Malpractice Litigation:

When negligent acts or omissions by health care professionals cause injuries.

When you pursue medical treatment from a health care professional for an injury or illness, your hope is that your condition will improve following the treatment you receive. However, when a medical professional acts carelessly or negligently, and your condition worsens, you may have a claim for medical malpractice.

Medical mistakes are the third-leading cause of death in the United States, following only heart disease and cancer. Medical malpractice cases are highly complex, costly, and extremely labor intensive. Due to the amount of evidence that is required to prove medical malpractice, patients need both legal and medical experts to testify on their behalf. Burg Simpson’s highly skilled and experienced Colorado medical malpractice attorneys have assembled a professional medical malpractice team, staffed with our own legal professionals, as well as outside medical experts, to examine and analyze the facts of every medical malpractice case.

What is Medical Malpractice?

Medical malpractice occurs when a patient is harmed by a medical or health care professional who fails to perform his or her duties in a prudent manner. A negligent act or omission by a medical professional that causes an injury to a patient is the basis of a medical malpractice claim. The negligence may also be the result of errors in the diagnosis, treatment, follow up care, or health management.

What Constitutes a Medical Malpractice Claim?

In a medical malpractice lawsuit, it is the injured party who must bear the burden of proof. To be considered medical malpractice under the law, the patient must prove that medical malpractice has transpired, and they must be able to verify the following:

• A doctor-patient relationship

The patient must be able to verify that doctor/patient relationship was established.

• There must be a violation of the standard of care

The healthcare provider made mistakes during time you were in their care.

The law acknowledges recognized standards that must be followed by medical professionals. This means that a patient has the right to expect that prudent health care professionals will deliver acceptable medical care and treatment that is consistent with these standards. Negligence is established after it has been determined that the standard of care was not met.

• An injury was caused by negligence

For a medical malpractice claim to be valid, the patient must prove that he or she sustained an injury, or recovery was hampered, and this was caused directly by the negligence and/or incompetence of a medical care professional.

• The injury resulted in significant damages

The patient must show that they sustained significant damages that were the result of an injury received due to the medical negligence. Damages can include: disability, loss of income and/or earning capacity, mental anguish, physical pain and suffering, and/or significant past and future medical expenses.

Common Types of Medical Malpractice

• Misdiagnosis
• Failure to diagnose
• Anesthesia errors
• Failure to warn patient of risks
• Failure to order proper testing
• Misreading lab results
• Ignoring lab results
• Unnecessary surgery
• Surgical errors
• Birth injury
• Brain injury
• Improper treatment
• Wrong site surgery
• Improper medication
• Improper medication dosage
• Negligent follow-up care
• Premature discharge
• Disregarding patient history
• Failure to obtain patient history
• Failure to recognize symptoms

Expert Testimony is required.

Medical malpractice lawsuits are extremely expensive to litigate, and often require the testimony of numerous medical experts and hours of deposition testimony. Expert opinions from qualified professionals are an essential aspect of any medical malpractice suit. Qualified legal and medical professionals will provide the expert testimony that is required at trial.

How Long Do I Have to File a Claim?

The statute of limitations for medical malpractice cases can vary widely state by state. In most states, patients must be aware of the statute of limitations and must bring a medical malpractice claim within 6 months to two years after the negligence occurred. In Colorado, the standard deadline is two years from the date of the presumed malpractice incident. However, there are exceptions to this statute, such as:

• The Discovery Rule – In Colorado, this rule allows the statute of limitations to be extended if the patient could not have reasonably learned sooner that he or she had a medical malpractice case.
• Minors – For victims under the age of 18 years of age, 2 separate statute of limitations apply. The first applies to children younger than 8 who were under 6 at the time of the injury. This clause allows for a suit to be filed at any time before the child’s 8^th The second exception applies to minors between 8 and 18 years of age. If legal representation is appointed to the minor in question, the statute of limitations does not begin until the date of that appointment.
• The Statute of Repose – This statute establishes a firm deadline of 3 years – with exceptions – regardless of when the injury is discovered. Exceptions include the medical provider’s willful concealment of the suspected malpractice, and the malpractice entailed leaving a foreign object within the victim’s body.

What Is a Medical Malpractice Case Worth?

Our team of Colorado medical injury attorneys and legal professionals will thoroughly analyze and examine every case to assess the validity of the medical malpractice claim. These can include:

• The nature and extent of the injury and the type of treatments that were received.
• The extent of the liability of each party involved.
• The potential economic loss the victim suffered.
• Future medical needs and expenses.

The types of damages that can be recovered include economic, non-economic and sometimes even punitive damages.

If You Believe You Have a Medical Malpractice Case

If you believe you or a loved one has been the victim of medical malpractice, time is of the essence. Call the Denver medical malpractice attorneys at Burg Simpson as soon as possible to discuss your options.

Many states put a cap on damages. These means the state limits the amount of money that can be awarded to a medical malpractice patient.

Choosing Burg Simpson to Represent Your Medical Malpractice Claim

RESULTS

10,000+ Clients

100+ Recoveries in excess of $1M

REPUTATION

• Award-Winning Firm and Lawyers
• $1 Billion in Verdicts, Settlements and Judgments
• The Firm has a 40+ year history

RESOURCES

• 70+ Attorneys
• Nationwide Representation

THE AWARD WINNING BURG SIMPSON MEDICAL MALPRACTICE TEAM

• Scott J. Eldredge »
• Janet G. Abaray »
• Scott A. Ambrose »
• James G. Heckbert »
• Marc C. Johnson »
• Ronda M. Kelso »
• Charles R. Mendez »
• Colin M. Simpson »

Contact Burg Simpson Today

If you, or a loved one, believe that you were injured as a result of a healthcare provider’s negligence, please call Burg Simpson to discuss your case. We are here to help you, and there is no charge for an initial consultation.

Contact us as soon as possible by filling out our FREE Case Evaluation form, or call us now at 720-792-5595, to find out how we can be of assistance to you.