Determining the Viability of a Medical Malpractice Claim

Determining the Viability of a Medical Malpractice Claim

By Burg Simpson
October 14, 2020
3 min read

Scott Eldredge is a shareholder at Burg Simpson Eldredge Hersh & Jardine and the Practice Group Leader of the Medical Malpractice Department. A trial lawyer who has been representing clients with medical malpractice issues for nearly 38 years, Mr. Eldredge has worked with some of the leading medical experts in the country.

The foundation of medical malpractice lawsuits is grounded in the alleged negligence of the medical professional that caused the client’s severe injury. To establish negligence, medical malpractice attorneys must prove that the health care professional acted or failed to act in a reasonable manner and that their actions were a cause of injury. To accomplish this, the actions or non-actions of the health care professionals, and the circumstances of the case must be carefully analyzed by qualified health care experts who subsequently provide testimony in court.

The expert witness’s evaluation is the most crucial element in the prosecution of a medical malpractice claim. Their testimony is the key component in proving medical malpractice cases because the client is not allowed to testify in court. Only the medical expert can establish that a defendant physician was negligent, and only a qualified medical expert may provide testimony to explain the cause of the injury or state that the physician was negligent. Medical experts are called upon to evaluate the client’s medical records and determine if the health care provider’s negligent actions were the cause of the client’s injuries.

Because medical malpractice cases are difficult, time-consuming, and expensive, our decisions to accept these cases are made very carefully.  Fortunately, Burg Simpson has the resources and the experience necessary to successfully represent our clients with medical malpractice claims.  If you have been severely injured by the negligence of a health care provider and you think you may have a viable claim, please contact us at Burg Simpson today and allow us to review your legal matter.

View the recent video about medical malpractice cases by Scott Eldredge here.

About Scott Eldredge

Scott Eldredge’s legal practice focuses primarily on complex medical malpractice cases with a particular emphasis on birth injury cases.  Mr. Eldredge is a long-time member of the Executive Committee and Board of Directors for the Colorado Trial Lawyers Association and is the current president of the National Medical Malpractice Trial Lawyers Association.

Mr. Eldredge is a frequent lecturer on a variety of topics and regularly presents seminars across the country. He maintains an active role with the educational community in the Denver metropolitan area and has been an adjunct professor of law at The University of Denver Sturm College of Law since the late 1980s.

Mr. Eldredge has been recognized by his peers multiple times and has received numerous honors and accolades. He has been named a Senior Life Fellow by the American Board of Trial Advocates and has been consistently recognized by Colorado Super Lawyers. He has been named numerous times as a “Top 100” Attorney, most recently in 2020.  Mr. Eldredge was selected by members of the national legal community as one of the Best Lawyers in America for medical malpractice and was named Best Lawyers “Lawyer of the Year” in 2016, 2018, and 2020 in the area of medical malpractice law.  Mr. Eldredge has also met the standard of excellence for selection as one of the National Trial Lawyers Top 100 Lawyers in Colorado each year since its inception.

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