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
Review our Frequently Asked Questions

 July 1, 2020

BURG SIMPSON FEATURES: Shareholder Scott J. Eldredge

Attorney Scott J. Eldredge is a named shareholder, a skilled trial lawyer, and the practice group leader of the firm’s medical malpractice department. He has been practicing continuously with the firm since his admission to the Colorado Bar in 1982. Mr. Eldredge’s thriving practice focuses primarily on complex medical malpractice cases with a particular emphasis… Read more »

 June 30, 2020

Trial Work in the Time of the COVID-19 Pandemic

Burg Simpson Eldredge Hersh & Jardine trial lawyers handle litigation cases all across the United States, in both State and Federal Courts.  The COVID-19 pandemic has not only radically changed all of our daily lives, but it has also affected the U.S. justice system and the way lawyers manage their cases. The trial lawyers at… Read more »

 June 29, 2020

Cincy Lifestyles in Cincinnati Interviews David Harman

Burg Simpson Shareholder David C. Harman was interviewed by Allie Martin of Cincy Lifestyles about personal injury practice in Cincinnati, Ohio. Mr. Harman discusses why he became an attorney. His focus is to help people and he has committed his legal practice in personal injury and mass tort law to fighting for his client’s legal… Read more »

 June 26, 2020

BURG SIMPSON FEATURES: Shareholder Nick Fogel, Practice Group Leader for the Workers’ Compensation Team

BURG SIMPSON FEATURES: Shareholder Nick Fogel (Nick Fogel is pictured at left with his team members Shareholder Stephan J. Marsh, and Trial Lawyer John Connell.) Nick Fogel is a shareholder and the practice group leader of Burg Simpson’s Workers’ Compensation Department. His practice is devoted to those who have been injured while working on the job… Read more »

Greeley, CO – Two Workers Killed in Work Accident on 1st Ave

 June 19, 2020

David Hersh: COVID-19 and Loss of Business Income

Shareholder David Hersh Discusses COVID-19 and Loss of Business Income  David P. Hersh is a shareholder and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “I am David Hersh, Co-leader of the Commercial Litigation Department at Burg Simpson. Business owners across the country have suffered from the loss of business income as… Read more »

David TeSelle Discusses Qui Tam Lawsuits

 June 18, 2020

David TeSelle Discusses Qui Tam Lawsuits

Shareholder David TeSelle Discusses Qui Tam Lawsuits David K. TeSelle is a trial lawyer and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “Do you have confidential information about a company who is cheating the state or federal government out of money, leaving the American taxpayer holding the bag? If so, there… Read more »

 June 16, 2020

Shareholder Jacob Burg Discusses Burg Simpson’s Commitment to Pro Bono Work

Shareholder Jacob Burg Discusses Burg Simpson’s Commitment to Pro Bono Work Jake Burg is a shareholder and a trial lawyer with  Burg Simpson’s personal injury department. “Since the firm’s inception in 1976, Burg Simpson has been committed to providing pro bono legal services to heroes who have dedicated themselves to serving others in times of great… Read more »

 June 15, 2020

Injured in a Motorcycle Crash? Call Burg Simpson Now

Injured in a Motorcycle Crash? Call Burg Simpson Now Shareholder Stephen J. Burg is a trial lawyer and the practice group leader of the firm’s personal injury department. If you, or someone you know, has been injured in a motorcycle crash, you need someone to be on your side. Insurance companies make huge profits by… Read more »

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