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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Ronald M. Sandgrund Tackles Dangerous Activity in Latest Colorado Lawyer

 February 7, 2018

Ronald M. Sandgrund Tackles Dangerous Activity in Latest Colorado Lawyer

Who’s to say what’s “inherently dangerous” as opposed to “ultra hazardous?” Is it a question of law or a question of fact, best left for a jury to decide? Those are just a couple of the questions Burg Simpson’s Ronald M. Sandgrund raises in a feature in the latest issue of Colorado Lawyer magazine. Sandgrund… Read more »

Michael S. Burg Presents at 2018 Trial Lawyers Summit

 February 5, 2018

Michael S. Burg Presents at 2018 Trial Lawyers Summit

The Trial Lawyers Summit is an annual gathering of the nation’s trial lawyers, where they gather to exchange ideas and develop professional relationships. That’s why Burg Simpson shareholders frequently attend. In addition to signing copies of his book, “Trial by Fire: One Man’s Battle to End Corporate Greed and Save Lives,” Michael S. Burg spoke… Read more »

Tom W. Henderson Breaks Down Insurance Policy Details

 January 18, 2018

Tom W. Henderson Breaks Down Insurance Policy Details

The latest component in Burg Simpson’s ongoing professional education initiative is set for next week. Shareholder Tom W. Henderson will conduct a 90-minute web seminar, “Advising Your Business Clients on Insurance Policies,” at 9 a.m. MST on Jan 18. Designed for Colorado corporate litigation attorneys, this CE course will cover: Defining Ambiguous Terms. Understanding the… Read more »

Burg Simpson Announces its New Website Launch

 January 17, 2018

Burg Simpson Announces its New Website Launch

Burg Simpson is proud to announce the launch of a more comprehensive website that incorporates the firm’s office locations into a single site. The new Burg Simpson website, which has since focused on Colorado’s practice areas, now encompasses information for its Arizona, Ohio, and Wyoming offices all in one place, along with their practice areas,… 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 »

Ruling Against Homeowners Association - Denver Construction Defect Attorneys - Burg Simpson

 January 29, 2018

Appeals Court Overturns Ruling Against Homeowners Association

The non-delegable duty doctrine is simple enough: when one person, say a homebuilder, renders services which it should recognize as necessary for the protection of third persons, say ensuring construction is done in a good and workmanlike manner and in accordance with all applicable plans, specifications, and building codes for home buyers, the builder cannot… Read more »

States Crack Down On Left Lane Drivers – Colorado Personal Injury Lawyer – Burg Simpson

 January 23, 2018

States Crack Down On Left Lane Drivers

Ask anyone who are the worst drivers on the road and you’re likely to get a variety of responses. One that stands out, however, are the passing lane campers, those who cruise along in the left lane, oblivious to the traffic they’re tying up or the road rage they’re feeding. According to the Expedia Road… 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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