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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Meet our Colorado Medical Malpractice Attorneys
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Janet G. Abaray Named One of the Top 15 Businesswomen in Ohio

 May 17, 2018

Janet G. Abaray Named One of the Top 15 Businesswomen in Ohio

Burg Simpson attorneys have always been leaders in their communities. Shareholder Janet G. Abaray is no different. That’s why the Ohio Diversity Conference and the National Women’s Conference chose to honor Janet as one of the Top 15 Businesswomen in Ohio at the 2018 National Women’s Conference last week. This award honors “outstanding leaders and… Read more »

David P. Hersh Speaks at ACBA Event

 May 7, 2018

David P. Hersh Speaks at ACBA Event

Burg Simpson shareholder David P. Hersh was a featured speaker at a recent Arapahoe County Bar Association (ACBA) event in Napa, California. The session, part of this year’s Spring 2018 CLE event, was called “The Practical Implications for Implementing the Recommendations of the ABA National Task Force on Lawyer Well-Being.” David covered “the findings and… Read more »

Stephen J. Burg Speaks at Colorado Trial Lawyers Seminar

 April 25, 2018

Stephen J. Burg Speaks at Colorado Trial Lawyers Seminar

Burg Simpson shareholder Stephen J. Burg took part in a day-long continuing education seminar sponsored by the Colorado Trial Lawyers Association. The event, “In Search of a New Paradigm: Recalibrating the Moral Compass of an Industry to Serve Future Generations,” took place at the Embassy Suites Denver Downtown Convention Center in Denver. Stephen’s segment, presented… Read more »

Burg Simpson Scholarship Competition Winners Honored at Annual Dinner

 April 24, 2018

Burg Simpson Scholarship Competition Winners Honored at Annual Dinner

Our 2017-2018 Burg Simpson Scholarship Competition recipients were honored this past Thursday at our annual Scholarship Banquet. This year’s winners included: Elise Hegarty (Faith Christian Academy) Diana Barila (Longmont High School) Kelly Franson (D’Evelyn Jr./Sr. High School) Emilio D. Gómez (Regis Jesuit High School) Lucy Kane (Valor Christian High School) Andra Metcalfe (Mountain Vista High… Read more »

Denver Personal Injury Attorney – TBI & Dementia – Colorado Burg Simpson

 May 23, 2018

Research Confirms Link Between TBIs and Dementia

There’s been research in the past to suggest that even mild traumatic brain injuries can increase someone’s risk of developing a neurodegenerative disease, but a new study – published earlier this month – reinforces these findings. The study, “Association of Mild Traumatic Brain Injury With and Without Loss of Consciousness With Dementia in U.S. Military… Read more »

Burg Simpson Denver - Colorado Supreme Court

 May 21, 2018

Colorado Supreme Court Decides Insurance Companies Cannot Delay Payment of Benefits Owed When The Payment Of Other Benefits Is Disputed

In an important victory for consumers, earlier today the Colorado Supreme Court unanimously decided that insurance companies cannot delay paying benefits owed under a policy just because the payment of other benefits is disputed. The case is State Farm vs. Fisher.  Mr. Fisher had several policies in place with State Farm with underinsured motorists (“UIM”)… 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 »

OHSA Standard Limits Worker Exposure to Silica - Construction Defect Law Firm - Burg Simpson

 May 2, 2018

Community Managers, Homeowner Associations, and Homeowners Beware – New OHSA Standard Limits Worker Exposure to Silica

More than 2 million workers are exposed to crystalline silica every year on the job, according to the Occupational Safety and Health Administration, most of whom work in general construction. The other 10 percent of exposed workers are in either the general industry, maritime, or fracking trades. Crystalline silica is an everyday mineral found in… 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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