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.

Learn more about the Case Types We Handle
Meet our Colorado Medical Malpractice Attorneys
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January firm-wide e-news

 January 17, 2020

Burg Simpson E-News: January 2020

Complex Business and Commercial Litigation, Construction Defects, Dangerous Drugs & Medical Devices, Mass Tort, Class Action, Medical Malpractice, Personal Injury, and Workers’ Compensation JANUARY 2020 E-NEWS GOOD LAWYERS Burg Simpson Names Three New Shareholders Paul D. Friedman Angela E. McGraw Jacob M. Burg Burg Simpson Eldredge Hersh & Jardine are pleased to announce that Paul D…. Read more »

 January 14, 2020

When Colorado Insurance Companies Get Special Breaks from the Courts

When Colorado Insurance Companies Get Special Breaks from the Courts In a recent Colorado law journal article, Burg Simpson lawyers Ron Sandgrund and Leslie Tuft question why Colorado insurance companies are still getting special breaks from the courts when those insurers mislead their insureds or fail to explain adequately why they are denying an insurance… Read more »

 January 8, 2020

5280 Magazine Names Denver’s Top Lawyers of the Year!

5280 Magazine Names Denver’s Top Lawyers of the Year!  Denver’s Top Lawyers 2020  is 5280 Magazine’s sixth annual list of the best attorneys in the region. The 5280 editors invited attorneys in the seven-county metro area to vote for the peers they respect most in 50 legal practice areas. Survey responses in hand, the 5280 team… Read more »

 January 7, 2020

The Burg Simpson Scholarship Essays Must Be Submitted by February 1st

THE BURG SIMPSON SCHOLARSHIP DEADLINE IS RAPIDLY APPROACHING! The 1,500-word Burg Simpson Scholarship Essays Must Be Submitted by February 1st For the past several years, Burg Simpson has awarded college scholarships to the graduating high school seniors who won our essay competition regarding the importance of the civil jury system and how it is being… Read more »

david-hersh-case-settlement

 December 9, 2019

Settling Commercial Litigation Cases

An out-of-court settlement is a legally-binding agreement between the parties to a lawsuit that effectively puts an end to the legal matter. A settlement resolves all disputes inherent in the lawsuit, and results in dismissal of the claims filed in court.  Sometimes a settlement will contain a requirement that other court orders be entered effectuating… Read more »

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

 November 12, 2019

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

Burg Simpson’s Colorado mass tort attorneys have represented thousands of people who have suffered serious side effects after taking dangerous medications or those who have been hurt by a defective product.  If you have suffered injuries related to a defective drug or medical device, contact the Burg Simpson mass tort team at 303-790-2525.

bike-crash-safety

 November 8, 2019

Bike Crash Safety Video – Burg Simpson Personal Injury

The personal injury attorneys at Burg Simpson help fellow bicycle enthusiasts understand how to protect their rights after a bike crash and stay safe on the roads. If you have been hurt in a bike crash and need help, reach out to us today by calling our office or filling out our online free case… Read more »

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

 July 1, 2019

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a vehicle while performing a traffic stop. Jeremy served the Englewood Police Department for 8 years and during that time was assigned… Read more »

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