When medical professionals in Colorado fail to provide quality care to the community, life-changing or life-ending consequences can occur. Liable parties can be doctors, chiropractors, nurses, hospitals, and more. Unfortunately, medical malpractice cases are extremely difficult cases to endure for victims and their families. Not only are they suffering from injuries, worsening of health conditions, or the loss of loved ones, but they are also forced to suffer through a complex, often aggressive and adversary, legal system if they choose to seek justice and compensation for their losses and damages.
At McGraw Legal Group P.C., our medical malpractice attorney in Colorado handles complex medical malpractice cases and works as your advocate to help you receive quality medical care for your injuries, and to navigate the legal options available for financial compensation for damages. Our malpractice attorney handles claims in the Colorado Candor Act process, pre-litigation claims, litigation cases, and trials. If you are a victim of a medical professional's negligence, contact us at (303) 999-2378 to schedule a Free Consultation. In the meantime, we answer commonly asked questions here so that you can prepare for your consultation.
What is Medical Malpractice?
Medical malpractice is often defined as negligence by a medical professional. However, negligence or a medical mistake alone does not establish a successful medical malpractice claim.
Medical negligence requires a medical professional's breach of the medical standard of care resulting in injury or harm to a patient. The standard of care for medical professionals differs from the general standard of care of a reasonable person in that it analyzes the situation according to a similarly trained and experienced medical professional under similar circumstances.
When Can I Sue a Doctor or Another Medical Professional in Colorado for an Injury?
The first requirement for suing a doctor or other medical professional is that a doctor/patient relationship existed between you and the medical professional when the harm occurred. Additionally, the medical professional's negligence must be causally connected to your injury or harm.
It is also important to note that medical malpractice claims are typically required to be filed soon after an injury or harm occurs because of the deadlines set by each state, known as the statute of limitations, which could bar a claim if not met. Claims against certain medical providers require certain notices to be filed within 182 days of the malpractice, which can be a bar to pursuing a medical malpractice claim if not properly and timely filed.
When Can I Sue a Hospital or Another Medical Facility in Colorado for an Injury?
A hospital or other medical establishment can be sued for a patient's injury under certain circumstances. The main question is whether the negligent doctor or other medical professional was an employee of the hospital or other medical establishment at the time of the negligence and injury.
In some cases, hospitals may purposely make it difficult to determine if a doctor is an employee of a hospital to avoid liability. An additional question is whether the doctor or other medical professional was acting under the scope of their job-related duties when the negligence occurred.
What Are the Most Common Types of Colorado Medical Malpractice Claims?
Unfortunately, many forms of medical malpractice could lead to significant harm to a person and result in a lawsuit. Some of the most common forms of medical malpractice include:
- Anesthesia errors
- Delayed diagnosis
- Diagnostic errors
- Dosage errors
- Misdiagnosis
- Medication errors
- Surgical errors
- Leaving medical equipment inside a patient
- Inadequate aftercare
- Incorrect treatment
- Failure to adequately monitor a patient
- Failure to prevent infection
- Failure to order proper tests
- Failure to stop bleeding
- Premature discharge
- Unnecessary surgery
- Wrong procedure performed
- Wrong medication administered
- Wrong-site surgery
Although a doctor might engage in one of the common forms of medical malpractice, such action does not always result in a malpractice claim, especially if no harm or injury results.
What is a Medical Malpractice Case Worth in Colorado?
It is important to understand that each medical malpractice case has a unique set of factual circumstances that determine the case's value. A successful medical malpractice claim also requires significant evidence and testimony, which is often challenging without an experienced legal professional.
With that being said, some of the key factors that affect the value of a case include the severity of the doctor's negligence, the significance of the injury and harm, and any negligence by the patient.
Do You Need a Medical Malpractice Attorney in Colorado?
Medical malpractice cases are incredibly difficult and require compliance with many additional state laws and court rules. As such, a medical malpractice attorney could make the difference in securing a favorable settlement or verdict.
A legal professional understands the evidence and testimony needed in a medical malpractice case. This could include requesting evidence from a hospital or securing a medical expert to assist in establishing a breach of the medical standard of care.
Contact a Medical Malpractice Attorney in Colorado Today
At McGraw Legal Group P.C., our medical malpractice lawyer in Colorado knows the law and has the tools and experience to bring a medical malpractice lawsuit. Fill out our online form or call us at (303) 999-2378 today to schedule a Free Consultation and get answers to your specific questions.