Medical Negligence Attorneys Serving Clients Nationwide
The medical malpractice lawyers at Burg Simpson Law Firm are dedicated to improving the lives of our clients after a medical error. If you have suffered harm due to the negligence of a doctor, nurse, hospital, or another healthcare provider, you should speak to a medical malpractice attorney as soon as possible.
Burg Simpson serves medical malpractice victims nationwide, with offices in Arizona, Colorado, Nevada, Ohio, and Wyoming. We have recovered more than $2 billion in compensation for our clients in a range of complex personal injury cases.
Contact Burg Simpson today online or at 888-895-2080 for a FREE and confidential case review. We handle medical malpractice claims on a contingency basis, meaning you pay nothing unless we achieve a successful outcome in your case.
Do I Have a Medical Malpractice Claim?
If the care you received at a doctor’s office, hospital, or other medical facility caused you harm, you may have the right to seek compensation for any physical, financial, and emotional losses you sustained as a result. However, not all medical mistakes constitute negligence. In order to bring a successful medical malpractice claim, the following key elements must be proven:
You Were Owed a Duty of Care
Once a doctor-patient relationship has been established, medical practitioners are obligated to deliver a “standard of care” to their patients. This means that healthcare professionals such as physicians, nurses, and others must provide adequate care that is comparable to what another trained professional in a similar situation would reasonably provide. This duty of care is applicable to all doctor-patient relationships, regardless of whether the medical professional is the primary care physician or not.
The Duty of Care Was Breached
When medical professionals fail to fulfill their obligation to provide a standard of care to their patients, it may be considered a breach of duty. A breach of duty can occur in several ways. For example, if a doctor fails to prescribe the correct medication or dosage, fails to diagnose a condition in a timely manner, or fails to perform a procedure correctly, it may be considered a breach of duty.
Not every negative result or adverse outcome is necessarily a breach of duty. Doctors and nurses can make mistakes, and not every error rises to the level of negligence. A medical malpractice attorney can review the facts in your situation and work to determine if a medical professional’s conduct fell below the standard of care that would have been reasonably provided by another practitioner in a similar situation.
The Breach Caused You Harm
Establishing that a medical error caused your injury is the most difficult element to prove in a medical malpractice case. To prove causation, two key factors must be demonstrated. First, you must establish that the harm you suffered was a direct result of the doctor’s breach of duty. Second, you must prove that it was foreseeable that the breach of duty would result in the type of injuries you sustained.
Proving causation can be extremely complicated. It requires the knowledge, skill, and resources of an experienced medical malpractice lawyer with substantial experience in these complicated matters. At Burg Simpson, our attorneys have built a reputation for excellence in these difficult cases. We conduct thorough investigations to uncover the facts of your injury and consult with medical experts to establish negligence.
You Sustained Compensable Damages
Before you can recover compensation for the harm you or your loved one suffered due to medical negligence, you must demonstrate the value of your losses. If you or your family did not sustain losses as a result of the medical negligence, there are no compensatory damages to recover.
Common Types of Medical Malpractice
Medical malpractice can take many different forms. When medical professionals fail to uphold the standard of care they owe to their patients, any number of adverse events may occur.
It is important to examine the actions of each provider involved in your care. Doctors, nurses, and other staff—as well as hospitals and other medical facilities as a whole—may be held accountable for malpractice.
Types of medical malpractice cases the attorneys at Burg Simpson handle include:
Although all surgeries carry an inherent level of risk, we trust our doctors and surgical staff to know what they are doing. Surgical errors can exacerbate existing problems, cause new injuries, and even lead to death. Common surgical errors include:
- Unnecessary or inappropriate surgeries
- Wrong side of the body or wrong-site procedures
- Pre- or post-operative errors, such as failing to address or anticipate complications
- Cutting other organs or body parts by mistake
- Leaving instruments or other foreign objects inside the patient
These and other errors may cause long-term, lifelong, and fatal consequences. They can cause brain injury, paralysis, and other serious and life-altering complications.
Emergency Room Errors
Emergency room errors can be especially harmful because patients require prompt and accurate treatment for their medical concerns. When the negligence of emergency room staff results in injuries and other damages, the consequences can be dire.
Examples of emergency room errors include:
- Medication and prescription errors
- Missed diagnosis / Failure to diagnose
- Treatment errors
- Missing the diagnosis of heart attacks and strokes
- Test and chart interpretation errors
- Releasing patients who should not be released
- Securing an unobstructed airway for patients with extreme injuries
As an emergency room patient, you deserve to receive adequate care that takes all of your symptoms into account. If doctors act negligently and fail to uphold the standard of care, you may suffer more injuries and require even more treatment.
Misdiagnosis & Failure to Diagnose
Errors involving misdiagnosis encompass a range of diagnostic mistakes and mistreatment. Diagnostic errors include misdiagnosis or delayed diagnosis, failure to diagnose, and wrong or inappropriate treatment for a particular condition.
If a doctor fails to correctly diagnose a patient, it could result in severe personal injury, including the aggravation of the medical condition, delayed correct diagnosis, or even wrongful death.
Negligence on the part of a doctor, such as failing to conduct proper examinations or failing to follow appropriate diagnostic procedures, may also contribute to misdiagnosis.
Misdiagnosis can lead to worsening health problems, necessitating more extensive treatment, increased costs, and a longer time frame for treatment.
Medication & Prescription Errors
Medication errors, whether temporary or permanent, can result in overdose, delayed care, and other medical complications. In severe cases, they can even cause death.
Examples of medication errors include:
- Prescribing harmful medication (for example, in the presence of an allergy or drug interaction)
- Administering the wrong medication
- Mislabeling medication
- Administering an incorrect medication dose (either too little or too much)
- Failing to inform patients about medication side effects
Anesthesia is used to prevent patients from feeling pain during medical procedures or surgeries. It is usually administered by an anesthesiologist in varying methodologies, such as local numbing or induced unconsciousness.
Anesthesia carries an inherent risk, and errors in its administration may cause a variety of complications. These complications can range from minor symptoms, such as nausea, vomiting, and postoperative pain to serious long-term injuries, and even death. In cases where medical malpractice occurs due to negligence by the anesthesiologist or other healthcare provider, these complications may be considered malpractice.
Examples of anesthesia errors include:
- Failure to review medical records
- Failure to communicate eating and drinking restrictions to the patient
- Intubation and extubation errors
- Dosage errors
- Aspiration (when patients cannot swallow, and vomit or liquid enters the trachea and lungs)
- Inadequate patient monitoring
- Anesthesia awareness (when the patient regains consciousness during the operation)
Healthcare professionals, including doctors, nurses, and other providers, must possess the necessary knowledge and skills to effectively manage complex or challenging childbirth situations. Nonetheless, some practitioners fail to meet the expected level of care and commit negligent errors that can lead to severe birth trauma or even fatality.
Birth injuries can result from negligence in a number of ways, including:
- Improper use of forceps or vacuum delivery
- Prescribing medications that can harm the unborn baby
- Misdiagnosing a life-threatening birth trauma as a less serious condition
- Lack of aftercare for mother and/or child
- Failure to recognize fetal distress and lack of oxygen (hypoxia)
- Failure to perform a cesarean section (C-section)
- Failure to order necessary tests for mother before delivery
- Failure to identify risk factors during pregnancy
- Failure to diagnose a maternal infection
- Excessively pulling on the baby’s head, shoulders, and/or arms
It is important to understand that not every unfavorable outcome is the result of medical negligence. This is a highly specialized area of law. As such, your claim requires a medical malpractice lawyer with extensive knowledge and experience with these cases. The accomplished attorneys at Burg Simpson will investigate your situation closely to determine if negligence played a role in your child’s injury.
Common Injuries Caused by Medical Malpractice
The negligence of a healthcare professional can cause long-term, irreparable harm. While some victims of medical negligence may be able to return to some semblance of their previous life, others suffer severe, lifelong disabilities that prevent them from ever working again or experiencing the same standard of living they once enjoyed.
Victims of medical malpractice face a range of potential catastrophic injuries, including:
- Brain injuries
- Spinal cord injuries
- Loss of limbs/amputation
- Damage to internal organs
- Internal bleeding
- Nerve injuries
- Cerebral palsy and other birth injury-related conditions
In some tragic cases, the failure of doctors and nurses results in death. If you lost a loved one at the hands of a medical professional or institution, you may be able to seek compensation for burial costs, lost companionship, and more in a wrongful death claim. While no amount of financial compensation can undo the profound loss your family has suffered, damages in a wrongful death lawsuit can help your family avoid economic hardships during a difficult time.
The experienced medical malpractice lawyers at Burg Simpson are passionate about advocating on behalf of the wrongfully injured and their families. If you or someone you love was injured due to medical negligence, we encourage you to contact our office right away for a free and confidential case review. Our attorneys are committed to fighting diligently on behalf of our clients and recovering the maximum compensation they deserve for their injuries.
Potential Damages in a Medical Malpractice Claim
The value of a medical malpractice claim can vary widely depending on certain factors, such as the severity of the injuries or damages caused by the error, the cost of medical treatment, the impact of the injuries on the victim’s life, and more.
If you have been injured by a medical professional’s negligence, you may be entitled to compensation for your losses. Damages in medical malpractice claims can include:
- Medical expenses: These can include costs for surgeries, treatments, medical visits, rehabilitation, and assistive devices you require as a result of your injury.
- Lost Income: If your ability to work is impacted by your injury, you may be entitled to compensation for past and future lost wages.
- Disability: If your injuries render you disabled and prevent you from engaging in the activities you once enjoyed, you may be able to pursue compensation for your losses.
- Disfigurement: If your injury has resulted in visible changes such as scarring or the loss or malformation of body parts, you may be entitled to compensation for disfigurement.
- Psychological damages: Depression, anxiety, and trauma are all examples of mental anguish, which may be grounds for compensation in a medical malpractice case.
- Loss of consortium: Loss of consortium damages provide compensation for the loss of physical intimacy or companionship with your partner or spouse due to your disabilities.
It is not uncommon for medical malpractice settlements and court judgments to reach millions of dollars, particularly in cases where medical errors result in decades of suffering (as is frequently seen in birth injury claims) or in the patient’s death.
The medical malpractice lawyers at Burg Simpson will work diligently to determine the full value of your physical, financial, and emotional losses. We understand the hardships you may be facing, and we are committed to recovering the compensation you need to move forward.
How Can a Medical Malpractice Attorney Help?
If you are considering filing a medical malpractice claim, it is advisable to consult with a lawyer specializing in this very complex field. Medical malpractice is a highly specialized area of law, and a skilled attorney with the necessary knowledge and resources can best handle these difficult cases on your behalf.
When representing you, the medical malpractice lawyers at Burg Simpson will:
- Investigate the cause of your injury: Our attorneys have access to medical experts who can provide invaluable expertise in determining the cause of your injury. Through a thorough investigation of medical records and other relevant evidence, we will gather crucial evidence to support your claim.
- Calculate the value of your claim: Just like our clients, no two cases are exactly the same. To determine the value of your claim, our attorneys will examine the extent and severity of your injuries and the unique ways your life has been subsequently impacted.
- Deal with insurance companies on your behalf: When facing a serious injury, it’s important to understand that insurance companies are in the business of turning profits, not paying out claims. The medical malpractice attorneys at Burg Simpson are seasoned negotiators. We understand the tactics insurers use to devalue and deny claims. We will deal with insurance companies on your behalf so you can focus on healing.
- Reaching the best possible outcome in your case: If a fair settlement cannot be reached, we will not hesitate to bring your case to court. In addition to being experienced negotiators, our attorneys are skilled litigators. We are not intimidated by big insurance companies or large healthcare entities. We are passionate about fighting for the rights of our clients, and we don’t back down from a fight.
Burg Simpson has built a reputation for fierce advocacy for our clients. We often obtain higher settlements for our clients because insurance companies know that when we say we’ll take a case to court, we mean it.
Statutes of Limitations for Medical Malpractice Claims
You only have a limited time to file a claim. Every state has a deadline by which civil lawsuits may be filed after an injury, or when the injury was discovered. This deadline is known as the statute of limitations.
The statute of limitations can vary depending on a number of circumstances. While the list below is intended to provide a general overview of the statute of limitations for medical malpractice claims in the U.S., the deadline to take legal action in your specific case may vary. Because of this, it is crucial to speak with an attorney as soon as possible to determine the statute of limitations in your situation.
Failing to file a lawsuit within the statute of limitations could jeopardize your ability to recover damages. Even if you believe you have missed your chance to file a claim, it is in your best interest to contact a medical malpractice lawyer right away to discuss your case. You may still have a chance to pursue the compensation you deserve.
- 1-Year Statute of Limitations for Medical Malpractice:
- California (or 3 years from when the injury was discovered)
- Ohio (or 4 years from when the injury was discovered)
- 2-Year Statute of Limitations for Medical Malpractice:
- Alabama (or 4 years from when the injury was discovered)
- Connecticut (or 3 years from when the injury was discovered)
- Florida (or 4 years from when the injury was discovered)
- Hawaii (or 6 years from when the injury was discovered)
- Mississippi (or 7 years from when the injury was discovered)
- Missouri (or 10 years from when the injury was discovered)
- Nevada (or 4 years from when the injury was discovered)
- New Jersey
- New York (2 and a half years)
- North Dakota
- South Dakota
- Virginia (2 to 10 years)
- West Virginia
- 3-Year Statute of Limitations for Medical Malpractice:
- Maryland (or 5 years from when the injury was discovered)
- New Hampshire
- New Mexico
- North Carolina (3 to 10 years)
- Rhode Island
- South Carolina
- Washington D.C.
- 4-Year Statute of Limitations for Medical Malpractice:
If you were hurt by a hospital or medical professional, it is important to act quickly. Medical malpractice claims are extremely complex; they require time to fully investigate the facts and prepare a strong case. The sooner you contact our office, the sooner we can get to work.
Contact a Medical Malpractice Attorney Today
Your first step toward justice begins with a FREE and confidential case review. During your free initial consultation, our attorneys will listen to your story, assess the merits of your case, and explain your rights and legal options.
Do not face your injuries alone. Call Burg Simpson now at 888-895-2080. Our medical malpractice lawyers handle claims nationwide from multiple offices throughout the country.