Medical Malpractice Attorneys Serving Clients in Cody and All of Wyoming
The medical malpractice lawyers at Burg Simpson Law Firm are committed to recovering maximum compensation for patients who have been injured due to the negligence of doctors, nurses, hospitals, and other health care providers. If you or a loved one suffered harm due to a medical error, our attorneys will take action immediately to protect your rights.
We seek medical care with the hope of improving our health. Unfortunately, medical errors commonly result in serious injuries, worsening health conditions, and even death. Our knowledgeable attorneys can determine if an error constitutes medical malpractice and whether you have a viable claim.
For a FREE and confidential case evaluation, call Burg Simpson at 307-527-7891 today. Our medical malpractice lawyers serve clients throughout Wyoming from our office in Cody.
What Are the 4 Things That Must Be Proven to Win a Medical Malpractice Suit?
For a medical malpractice claim to succeed, the following four elements must be satisfied:
1. You Were Owed a Duty of Care
Plaintiffs must first show that a doctor or other provider had an obligation to care for them. This is the “duty of care,” and it requires the practitioner to abide by the standards of his profession in diagnosing and treating a patient. A review of your medical records and intake forms should reveal the doctors and other professionals who treated you, which will establish the individual(s) who owed you a duty of care.
2. The Duty of Care Was Breached
Broadly speaking, a breach of duty is any medical error that violates the standard imposed on a particular medical professional. It is a failure to act with the care that a provider with the same education and training would use in the same situation.
For example, say a patient presents with the symptoms of a heart attack. The first test a competent doctor would order is an electrocardiogram (EKG) to check for the signs of a heart attack. If the doctor does not order an EKG and the patient has or is having a heart attack, this would be a breach of the duty owed to the patient.
3. The Breach Caused You Injury
Causation is the hardest element of medical malpractice to prove. For you to recover compensation, you need to establish that the negligence of a health care provider resulted in your injuries.
Proving causation requires an in-depth review of your medical records. Multiple expert witnesses will also likely need to be consulted. At Burg Simpson, our medical malpractice lawyers have the knowledge and experience to uncover evidence of negligence, as well as relationships with leading experts in multiple fields of medicine.
4. You Sustained Damages
Finally, you need to show that any injuries you suffered due to a medical error resulted in compensable damages. This same element applies to wrongful death claims arising due to medical malpractice.
How a Medical Malpractice Attorney Can Help
There are numerous advantages to hiring a lawyer for your medical malpractice case. When you hire Burg Simpson, you can expect the following:
- Unparalleled investigation. Our attorneys review all paperwork, medical records, notes from your doctors, prescriptions, bills and receipts, and more. Thorough investigation enables us to establish what caused your injuries, who is at fault, and the available insurance coverage.
- Comprehensive preparation. Based on the evidence, our team will account for every dollar you are owed and prepare a demand for all of the compensation you are due.
- Skilled negotiations. In medical malpractice claims, communications with defendants and insurance companies should be handled solely by your lawyer. Our attorneys will dutifully act on your behalf at all times with the goal of negotiating a fair settlement.
- Handling all of the legal paperwork. Anyone can file a lawsuit, but mistakes may prove costly. Lawyers at Burg Simpson know where a lawsuit needs to be filed and the procedure for doing so.
- Advocacy at trial: The attorneys at Burg Simpson are proven trial lawyers with a reputation for winning in the courtroom. We have won billions of dollars in compensation for our clients at trial and via settlement negotiations.
Ultimately, our team will help you with all aspects of your medical malpractice claim. In addition to providing you with qualified legal guidance, we will handle your case with compassion and care for your individual needs.
What Are the Most Common Types of Medical Malpractice?
Medical malpractice can take many different forms. When medical professionals fail to uphold the standard of care they owe to their patients, any number of adverse events may occur.
It is important to examine the actions of each provider involved in your care. Doctors, nurses, and other staff—as well as hospitals and other medical facilities as a whole—may be held accountable for malpractice.
Types of medical malpractice cases the attorneys at Burg Simpson handle include:
- Anesthesia Errors
- Birth Injury
- Emergency Room Errors
- Failure to Diagnose & Misdiagnosis
- Medication Errors
- Surgical Errors
In addition, our firm has extensive experience litigating cases involving dangerous drugs and defective medical devices. These claims may be handled on an individual basis (mass torts) or as class action lawsuits where multiple plaintiffs’ complaints are consolidated in a single legal action.
Multiple parties may be liable for medical malpractice. Our medical malpractice lawyers can evaluate your case, determine what errors may have occurred, identify your legal options, and aggressively pursue the compensation you deserve.
Common Injuries Due to Medical Malpractice
In malpractice cases, an “injury” may consist of physical harm or complications from an untreated or improperly treated health condition. Serious injuries may result in permanent physical and mental impairment, reduced life expectancy, and even death.
Potential injuries patients may suffer as a result of medical malpractice include:
- Brain injuries
- Damage to the spinal cord
- Amputation/loss of limbs
- Nerve injuries
- Damage to internal organs
- Uncontrolled bleeding
- Exacerbation of new and existing health conditions
- Psychiatric injuries
- Cerebral palsy and other conditions arising from birth injuries
At Burg Simpson, our goal is to seek justice not only for the immediate costs of a medical error (which may be substantial) but for the long-term and lifetime expenses you and your family face. We have an in-depth knowledge of catastrophic injuries and the impact they have on victims and their loved ones.
If you or someone you love suffered serious injury due to medical negligence, our attorneys will work with qualified medical professionals and other experts to gain a complete understanding of your injuries. This enables us to represent you more effectively and obtain a favorable outcome on your behalf.
What Is the Statute of Limitations for Medical Malpractice Claims?
In Wyoming, patients have up to 2 years to file a lawsuit for injuries sustained due to medical malpractice. Generally, claims must be brought within 2 years of the date of the medical error that led to the patient’s injury.
Medical errors are not always immediately apparent. Wyoming law allows claimants to bring an action for medical malpractice within 2 years of the discovery of an error—usually by diagnosis of an injury or complication—if it can be shown that an instance of negligence was:
“(A) Not reasonably discoverable within a two (2) year period; or
“(B) The claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence.”– Wyoming Statutes § 1-3-107
When a medical malpractice lawsuit is filed after the statute of limitations expires, doctors and their insurance companies are very likely to argue that the case should be dismissed. Strong evidence is required to show why the error was not reasonably discoverable within the original 2-year limitation period.
The statute of limitations for medical malpractice claims where the plaintiff is a minor remains uncertain due to the failure of the Wyoming State Legislature to address the issue. It is in your best interest to speak with a qualified attorney if your child suffered injury due to medical malpractice.
Are You Entitled to Compensation?
Your right to recover damages for medical malpractice depends on the ability to prove negligence on the part of the defendant(s) in your case. This may include individual doctors, the hospital where you received care, medical device manufacturers, etc.
If it can be shown that one or more of these parties were negligent and you suffered injuries and damages as a result, you may be entitled to compensation for the following losses:
- Medical expenses to date
- The cost of care for your future medical needs
- Lost wages
- The cost of assistive devices, home and vehicle modifications, etc.
- In-home health care expenses
- Loss of earning capacity
- Pain and suffering
- Mental and emotional anguish
- Loss of consortium
- Scarring and disfigurement
- Loss of the enjoyment of life
Medical malpractice can adversely affect all aspects of your life. It can also take a toll on your loved ones. The medical malpractice lawyers at Burg Simpson will fully review your case and calculate all of the damages you and your family have suffered. Our goal is to build a strong claim on your behalf and achieve a favorable result via settlement or—if necessary—by going to trial.
Making a Medical Malpractice Claim
The first step of filing a claim for medical malpractice is talking to an experienced lawyer as soon as possible. Medical malpractice litigation is highly complex, so it is important not to try to handle the matter on your own.
Doctors and hospitals—as well as their insurance companies—are well-prepared in the event of a medical malpractice claim. The deck is stacked against you if you proceed without an attorney.
A medical malpractice attorney will carefully review your case to determine whether there is evidence of each of the following:
- Duty of Care (i.e., were you a patient of the doctor or other provider)
- Breach of Duty
Your lawyer will then collect evidence on your behalf. This is typically a lengthy process, as medical records are complex and collecting records from multiple entities can be complicated. Your attorney will also likely consult experts in relevant medical fields, economics, and more to prepare your claim.
Next, your attorney will submit a complaint to the defendant(s) and their insurer(s). Settlement negotiations may follow, or it may be necessary to file a lawsuit and prepare your case for trial.
What Is a Medical Review Panel?
In 2005, Wyoming passed a law requiring that the merit of a malpractice claim had to be assessed by a medical review panel before the matter was allowed to go to court. Ostensibly, the goal of this legislation was to reduce the number of so-called “frivolous” medical malpractice lawsuits.
Fortunately, lawmakers repealed the Wyoming Medical Review Panel Act in 2021 (see HB0195). This means claimants who seek damages for medical malpractice can now proceed to trial without the added procedural hurdle of submitting the case before a medical review panel.
Speak with a Medical Malpractice Lawyer in Cody, Wyoming
Burg Simpson was founded in 1977. Since then, we have built a reputation for providing nationally recognized legal service while maintaining our focus solely on the needs and goals of each individual client. Our attorneys have earned numerous awards and accolades for their handling of a wide range of serious injury claims.
If you are looking for experienced and nationally recognized medical malpractice lawyers dedicated to protecting your rights and obtaining the compensation you are entitled to, Burg Simpson can help. Our team has the experience, knowledge, skill, resources, and history of results to advocate for your interests and hold those responsible to account.
Call Burg Simpson at 307-527-7891 today for a FREE and confidential case evaluation. Our lawyers are based in Cody, and we handle medical malpractice claims on behalf of clients throughout Wyoming.