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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 February 18, 2019

Ronald M. Sandgrund is Featured in the February Edition of the Colorado Lawyer

Ronald M. Sandgrund is Featured in the February Edition of the Colorado Lawyer Ronald M. Sandgrund, Of Counsel at Burg Simpson Eldredge Hersh & Jardine, was recently featured in the Member Spotlight section of the February edition of the Colorado Lawyer.  Mr. Sandgrund is a well-known trial lawyer and Colorado’s most prolific author of articles and… Read more »

 February 13, 2019

Biker Swallowed By Sinkhole

Burg Simpson Attorneys Win Second Appeal to Protect $7.3 Million Verdict On September 3, 2008, Mr. James Nelson suffered severe and life-changing injuries, including a permanent brain injury, when his bicycle was swallowed by a large sinkhole on a bike path located on the property of the United States Air Force Academy in Colorado Springs. … Read more »

Firefighters

 February 8, 2019

Burg Simpson Seeks to Protect West Metro Firefighters From Getting Burned

Brian Matise and Nelson Boyle at Burg Simpson are representing the engineers, fire investigators, and firefighters from the West Metro Fire District as part of a class action lawsuit. The complaint claims the department mishandled roughly $1.8 million in a retiree health account. Attorney Brian Matise said, “The brave men and women of the West… Read more »

Workers' Compensation

 February 7, 2019

Nick Fogel, a Burg Simpson Shareholder, Quoted in an Article Published by U.S. News

Nick Fogel, a Burg Simpson shareholder and the practice group leader of the firm’s workers’ compensation team, was quoted in a recent article published by U.S. News. Mr. Fogel discussed how employees risk medical uncertainty and serious financial consequences when their employer does not possess the required workers’ compensation insurance. To view the article in… Read more »

What Makes A Good Medical Malpractice Case? | Scott J. Eldredge

 February 14, 2019

What Makes A Good Medical Malpractice Case? | Scott J. Eldredge

Medical errors are increasing in this country. Medical malpractice typically takes place when a surgeon, hospital, or other health care professional strays from the standard practices of their profession, which then results in the serious harm or death of a patient. While patients place trust and their lives in the hands of these medical professionals, medical… Read more »

Panel

 January 29, 2019

The Denver Law Review presents its Volume 96 Symposium, Driven by Data: Empirical Studies in Civil Litigation and Health Law.

The Denver Law Review presents its Volume 96 Symposium, Driven by Data: Empirical Studies in Civil Litigation and Health Law. The event will take place on February 8, 2019, at the University of Denver Sturm College of Law. The symposium has been approved for 6 general CLE credits. Ever wonder how jurors make decisions or how behavioral law… 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 »

Bad Faith Insurance – When Your Insurance Claim is Denied or Delayed | Tom W. Henderson

 February 14, 2019

Bad Faith Insurance – When Your Insurance Claim is Denied or Delayed | Tom W. Henderson

When you purchase an insurance policy, it is expected that your insurance company will provide the policy coverage in case of an accident.  Unfortunately, insurance carriers frequently fail to pay the benefits they promised they would, or they fail to pay promptly and in the proper amounts. These actions by the insurance company could be classified… Read more »

What Makes A Good Medical Malpractice Case? | Scott J. Eldredge

 February 14, 2019

What Makes A Good Medical Malpractice Case? | Scott J. Eldredge

Medical errors are increasing in this country. Medical malpractice typically takes place when a surgeon, hospital, or other health care professional strays from the standard practices of their profession, which then results in the serious harm or death of a patient. While patients place trust and their lives in the hands of these medical professionals, medical… Read more »

Business / Commercial Litigation Trial Attorneys  | Michael S. Burg

 February 14, 2019

Business / Commercial Litigation Trial Attorneys | Michael S. Burg

Business and commercial law are typically lumped together because they go hand-in-hand so often. Most attorneys experienced in one type of law are usually experienced in the other as well.  The business and commercial litigation attorneys at Burg Simpson have the experience in successfully handling a variety of both business and commercial law cases. With… Read more »

We Are The Trial Lawyers | Michael S. Burg

 February 14, 2019

We Are The Trial Lawyers | Michael S. Burg

When selecting a trial attorney, it is important to select an attorney with the experience and resources to handle every aspect of your case.   What defines and differentiates Burg Simpson is we are prepared to fight for our clients. Our highly skilled trial lawyers, know the only way we are going to obtain an excellent… Read more »

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