Colorado Medical Malpractice Attorneys

Medical Malpractice Overview – Burg Simpson

Are we ever more vulnerable than when we are under anesthesia, completely out cold while a surgeon wields a scalpel over us? Or when we’re suffering from a serious illness, and we place our trust in someone we expect to be a responsible professional? So it’s that much more painful when one of these trusted experts makes a mistake that causes you or a loved one serious harm. Burg Simpson’s Denver medical malpractice lawyers understand how difficult, and expensive, these situations can be.

Broadly speaking, medical malpractice occurs when a health care professional negligently – by action or omission – injures a patient. This negligence can take the form of a mistaken diagnosis, an error in treatment, poor post-treatment care or bungled care management. But not every medical case that ends badly means someone committed malpractice. Even under the best of care and circumstances, sometimes treatments don’t work. Medical malpractice rules can vary wildly by state, including how much money an injured plaintiff can recover. Some states don’t limit damage amounts while others do impose caps. Some states limit certain types of damages. These laws can be tricky to navigate under the best of circumstances.  When you or a family member are suffering in the aftermath of a botched medical procedure, for example, it can be nearly insurmountable. The Colorado medical injury lawyers at Burg Simpson can help.

FACTORS OF A MEDICAL MALPRACTICE CASE

To be considered medical malpractice, according to the American Board of Professional Liability Attorneys, the claim must include:

  • Violation of the standard of care – The law recognizes that there are established medical standards a profession identifies as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is what’s called “the standard of care.” A patient has the right to expect that all health care professionals will deliver care consistent with that standard. If it is determined that the standard of care hasn’t been met, then negligence may be established.
  • The violation caused an injury – For a medical malpractice claim to be valid, it’s not enough that a health care professional simply violated the standard of care. The patient also must prove he sustained an injury that wouldn’t have occurred in the absence of negligence. An unfavorable outcome by itself isn’t malpractice. The patient must prove that negligence caused the injury. If there’s an injury without negligence or negligence that did not cause an injury, there is no case.
  • The injury resulted in serious damages – Medical malpractice lawsuits are costly. Malpractice litigation often means hours of expert testimony of and dozens of depositions. The patient must show the injury resulted in substantial damage because of medical negligence. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, lost income, extreme pain, suffering and hardship, or large medical bills.

If you or a family member has suffered from medical negligence, reach out to our Colorado medical malpractice attorneys now to schedule your free initial consultation. We’ll review your medical malpractice claim and help you decide how we can best help you move forward.

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Stephen J. Burg and David J. Crough Secure Win for Truck Accident Client

 August 2, 2018

Stephen J. Burg and David J. Crough Secure Win for Truck Accident Client

Even the simplest of truck accidents can have life-changing consequences. That’s why it’s critical for trucking accident victims to have someone to fight for their rights. That’s what Burg Simpson shareholder Stephen J. Burg did for David Jimenez-Santana when he secured a $146,000 jury verdict for his client on June 8 in David Jimenez-Santana v…. Read more »

Stephen J. Burg and David J. Crough Secure Win for Motorcycle Accident Victim

 July 31, 2018

Stephen J. Burg and David J. Crough Secure Win for Motorcycle Accident Victim

Burg Simpson shareholder Stephen J. Burg secured another huge victory for a client. A Colorado jury returned one of the largest verdicts ever for this type of injury. $1.3 million verdict in Moon v. Gooden, a motorcycle accident case. The final award, however, will exceed $1.6 million once expenses and interest are included. In August… Read more »

Cody Attorney, Colin Simpson to Lead WTLA Through 2018

 July 30, 2018

Cody Attorney, Colin Simpson to Lead WTLA Through 2018

WYOMING TRIAL LAWYERS ASSOCIATION INDUCTS NEW PRESIDENT AND OFFICERS (Cheyenne, WY) The Wyoming Trial Lawyers Association (WTLA) announced that Cody attorney Colin Simpson will serve as the association’s President for 2018-2019. Simpson was elected to succeed Immediate Past President Todd Ingram, from Casper, during the WTLA annual convention held recently in Cody. Simpson has been… Read more »

Web Seminar to Cover Bad Faith Insurance

 July 24, 2018

Web Seminar to Cover Bad Faith Insurance

Education remains a critical cause for Burg Simpson. On Wednesday, July 25, shareholder Thomas W. Henderson will present, “Insurance Bad Faith: What Insurance Companies Don’t Want You to Find,” a web seminar that will teach attendees how to get the evidence to strengthen your claim and maximize settlement value. Targeted to attorneys and paralegals, this… Read more »

Unclean Surgery Instrument – Medical Malpractice Lawyers – Colorado Burg Simpson

 August 6, 2018

Unclean Surgical Instruments Can Be Deadly

Of all the places you go, you expect hospitals to be among the most diligent about cleanliness. After all, they’re in the health care business. So, it’s particularly startling to see stories like the one that emerged out of Denver, when Porter Adventist Hospital officials admitted that they had to notify at least 5,800 patients that they… Read more »

Bad Flu Season – Medical Malpractice Attorney Denver – Colorado Burg Simpson

 May 14, 2018

A Bad Flu Season Can Get Worse

The year’s flu season has been historically severe. All but two states – Hawaii and Oregon – continued to report pervasive flu activity. More than 40 states have reported unusually high flu activity. Tragically, the flu has claimed the lives of 165 children this year — and it’s far from over. The U.S. Centers for… Read more »

One of the Worst Things – Medical Malpractice Attorney Denver– Burg Simpson

 February 12, 2018

It’s One of the Worst Things That Can Happen to Your Baby

Although modern medicine and technology have managed to make childbirth a relatively routine medical procedure, it remains fraught with potential complications. Most problems that do arise during labor can be relatively minor, but some situations can turn a delivery room into an emergency operating theater. Shoulder dystocia is a complication that can occur without warning,… Read more »

Cesarean Section Births– Colorado Medical Malpractice Attorneys – Burg Simpson

 January 30, 2018

Cesarean Section Births Aren’t as Safe as You Think

About one in three infants in the United States is delivered by Cesarean section, according to the most recent data from the Centers for Disease Control and Prevention. That statistic starkly contrasts to global C-section rates, which are much lower, at around 19 percent. There are a couple of reasons for these higher C-section rates…. 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.

Ring of Fire: The Unseen Economic Crisis

 February 29, 2016

Ring of Fire: The Unseen Economic Crisis

Ring of Fire host Farron Cousins talks with Michael Burg about taxes and the government’s resistance to upgrade America’s infrastructure.

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