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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More Legislation Needed to Regulate the Body Broker Industry

 October 17, 2018

More Legislation Needed to Regulate the Body Broker Industry

Michael S. Burg, the founder and a shareholder of Burg Simpson Eldredge Hersh & Jardine, was interviewed by Noel Brennan from 9 News on October 16th. Kyle Clark Next reached out to Mr. Burg regarding his op-ed about body brokers that appeared in Westword on August 30, 2018. Burg explained that body brokers differ from… Read more »

The Merrimack Valley Gas Explosion – Victims Represented by BurgSimpson

 October 15, 2018

The Merrimack Valley Gas Explosion – Victims Represented by BurgSimpson

The Law Firm of Burg Simpson Eldredge Hersh & Jardine to address those affected by the Merrimack Valley Gas Explosions Burg Simpson is a nationally recognized trial firm with extensive experience handling lawsuits involving gas explosions.  They have received multi-million dollar verdicts in gas explosion cases, and are currently working to assist those harmed by… Read more »

Mass Torts Made Perfect – 2018

 October 9, 2018

Mass Torts Made Perfect – 2018

Burg Simpson’s mass tort team recently attended the Mass Torts Made Perfect bi-annual conference held on Oct 3rd through the 5th in Las Vegas. The conferences are designed for individuals working in the area of plaintiff mass torts and personal injury litigation, as well as securities and toxic torts. The conferences are the largest plaintiff mass… Read more »

Barrister’s Best

 October 8, 2018

Barrister’s Best

The attorneys and professional staff at Burg Simpson Eldredge Hersh & Jardine congratulate Michael S. Burg and David P. Hersh for receiving Law Week Colorado’s Barrister’s Best Awards for 2019! Michael Burg, the firm’s founder, was selected as Barrister’s Best by People’s Choice for Best Class Action/Mass Tort Lawyer, Plaintiffs. David P. Hersh, a shareholder… 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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