Fighting Medical Malpractice, Negligence & Errors in Colorado
When you visit the doctor, go to the emergency room, or seek any type of medical treatment, you expect to receive an appropriate and acceptable level of care. Unfortunately, this does not always occur. Every year, preventable medical errors, negligence, and misconduct lead to countless patient injuries and deaths. If you believe that your injuries or your loved one’s death was the result of medical malpractice, you have the right to take legal action with the help of a personal injury lawyer who specializes in such cases.
At Boesen Law, our Denver medical malpractice attorneys fight for the rights of victims and their families in Aurora and throughout Colorado. We bring decades of experience to our practice, as well as a proven track record of success in even the most complex of cases. As a client, you can expect to receive a high level of professional service and personal, one-on-one attention from your attorney. We understand the immense impact medical malpractice and negligence have on victims and their families, and we want to help you fight for the justice you deserve.
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
What Is Medical Malpractice?
Medical malpractice occurs when a medical provider—whether a doctor, surgeon, dentist, nurse, hospital, urgent care facility, or any other healthcare professional or facility—fails to uphold what is known as the “standard of acceptable care.” The standard of acceptable care refers to the level of care a qualified healthcare provider would provide to a patient in the given circumstances.
There are different standards of care for different circumstances; for example, emergency room doctors are held to a different standard of care (one that is typically more lenient) than a general practitioner providing care in a less-intense environment. That being said, any act or omission that falls outside the standard of acceptable care could constitute medical malpractice.
Some examples of medical malpractice include:
- Misdiagnosis, delayed diagnosis, failure to diagnose, and other diagnostic errors
- Medication errors, including incorrect dosage and incorrect administration method
- Anesthesia errors, including administering too much or too little anesthesia
- Birth injuries, such as oxygen deprivation, delayed C-sections, and cerebral palsy
- Surgical errors, including leaving behind foreign objects in the body and unnecessary surgery
- Failure to obtain informed consent before treatment or a medical procedure, such as surgery
- Failure to obtain the patient’s medical history, including drug allergies
- Emergency room errors, including missed diagnoses and issues with triage
- Failure to properly monitor a patient
- Failure to treat or delayed treatment, often as a result of diagnostic errors
- Misanalysis or misinterpretation of diagnostic tests or lab results
- Dismissal of patients’ self-reported symptoms, including symptoms of heart attack or stroke
- Hospital negligence, including failure to care for patients’ basic needs
- Pharmacy malpractice, such as improperly filling prescriptions or dispensing the wrong drug
These and other forms of medical malpractice can lead to catastrophic bodily injury, life-threatening complications, and death. At Boesen Law, our medical malpractice lawyer in Denver represents those whose lives have been irrevocably altered due to the negligence or misconduct of trusted medical professionals. We can help you prove your case and fight for the fair compensation you are owed.
Proving a Medical Malpractice Case in Colorado
Medical malpractice cases are notoriously complex and difficult to prove. It is not enough to show that you sought treatment and did not get better.
Rather, to have a successful medical malpractice case, you must prove the following:
- You were injured and suffered measurable economic and/or non-economic damages
- A provider-patient relationship existed between yourself and the defendant
- The medical provider failed to uphold the standard of acceptable care
- The defendant’s failure to uphold the standard of acceptable care was the direct or proximate cause of your injuries and/or damages
Our team works with expert witnesses, including medical professionals, who can provide testimony in support of your case. This is often a critical element of a successful medical malpractice claim.
Regardless of how complex your situation may be, Boesen Law is ready to help. We have decades of experience handling all types of medical malpractice and negligence claims, as well as cases involving nursing home abuse. We have successfully brought claims against individual healthcare professionals, as well as medical institutions such as hospitals, doctors’ offices, urgent care facilities, emergency departments, and more.
How Do You File a Medical Malpractice Lawsuit in Colorado?
Filing a medical malpractice lawsuit in Colorado involves the following steps:
- Consult with an Attorney
Work with an experienced medical malpractice attorney to evaluate your case. They can determine if your claim has merit and guide you through the legal process. - File a Complaint
Your attorney will file a formal complaint in the appropriate Colorado court, outlining the allegations of medical negligence and the damages you are seeking. - Serve the Defendant
The healthcare provider or institution being sued must be formally served with the lawsuit. This ensures they are notified of the legal action against them. - Submit a Certificate of Review
Colorado law requires filing a Certificate of Review within 60 days of serving the lawsuit. This document, signed by a qualified medical expert, confirms that your claim has a reasonable basis. - Engage in the Discovery Process
Both sides exchange information, including medical records, expert witness testimonies, and depositions, to prepare their cases. - Attempt Settlement Negotiations
Many medical malpractice cases are resolved through settlements. If negotiations fail, the case will proceed to trial. - Proceed to Trial if Necessary
If the case goes to trial, both sides present evidence and expert testimonies. A judge or jury will decide on liability and damages.
Important Considerations:
Colorado’s statute of limitations for medical malpractice cases is two years from the date of the injury or its discovery, but no more than three years from the date of the incident, with some exceptions. Colorado caps non-economic damages at $300,000 and total damages at $1 million in medical malpractice cases, though exceptions may apply.
Given the complexity of medical malpractice laws in Colorado, consulting an attorney early in the process can greatly improve your chances of success.
Compensation for Medical Malpractice Victims
A preventable medical error or act of negligence can leave victims with serious injuries and life-changing health conditions. Often, victims must undergo extensive additional medical treatment, and they may be left with temporary or permanent disabilities that prevent them from returning to work even after they have been treated for their injuries. By filing medical malpractice claims, these victims (or their loved ones) can recover fair financial compensation for these and other losses.
At Boesen Law, we strive to recover maximum compensation for our clients, including compensation for the following damages:
- Medical treatment and ongoing care
- Rehabilitation costs
- Future medical expenses
- Lost income, wages, and employment benefits
- Lost future earnings
- Lost or diminished earning capacity
- Pain and suffering
- Emotional distress and trauma
- Lost quality/enjoyment of life
- Counseling/therapy costs
- Home modifications
- In-home assistance and/or care
If your loved one tragically passes away as a result of a preventable medical error or negligence, we can help you seek wrongful death damages, such as medical expenses, funeral costs, lost income and support, and loss of love, companionship, society, and comfort.
Our medical malpractice lawyer in Denver knows that no amount of financial recovery can undo the pain and suffering you have been through, but a fair settlement or verdict can allow you and your family to recover the resources you need to heal.
What is the Typical Settlement Amount for Medical Malpractice Cases in Colorado?
The settlement amounts for medical malpractice cases in Colorado vary widely based on the severity of the injury and its impact. Typical ranges include:
- Minor Cases: Settlements up to $10,000.
- Short-Term Disabilities: Settlements between $10,000 and $30,000.
- Cases Requiring Corrective Measures: Settlements ranging from $30,000 to $100,000.
- Severe Injuries: Settlements typically fall between $100,000 and $500,000.
- Permanent or Life-Altering Injuries: Settlements often exceed $1,000,000.
These amounts depend on factors such as medical expenses, lost wages, and the victim’s pain and suffering. Each case is unique and evaluated on its specific circumstances.
Medical Malpractice Statute of Limitations in Denver
The statute of limitations sets the deadline for filing a lawsuit in the Colorado Revised Statutes, and missing this deadline can bar you from recovering any compensation. The statute of limitations for medical malpractice claims is typically two years from the date the alleged malpractice occurred or from the date you discovered, or reasonably could have discovered the injury.
It’s important to act promptly if you suspect that you or a loved one has been a victim of medical malpractice. Gathering evidence, consulting with legal experts, and filing the necessary paperwork all take time. The sooner you start this process, the better your chances of a successful outcome. Our team is ready to help you navigate this complex process and ensure your claim is filed within the required timeframe.
Who Can Be Held Liable for Medical Malpractice?
Multiple parties can potentially be held liable, depending on the circumstances of the incident. Here are some of the parties that can be held accountable for medical malpractice:
- Doctors and surgeons: For errors in diagnosis, treatment, or surgery
- Nurses and medical staff: For failing to provide adequate care or follow proper procedures
- Hospitals and medical facilities: For institutional negligence, such as inadequate staffing, poor sanitation, or lack of proper equipment
- Pharmacists and pharmacies: For prescription errors or dispensing the wrong medication
- Specialists and consultants: For providing incorrect advice or failing to consult appropriately
Each medical malpractice case is unique, and identifying all responsible parties requires thorough investigation and expert analysis. At Boesen Law, our experienced attorneys work diligently to uncover all aspects of negligence and ensure that every party responsible for your injury is held accountable.
What Damages Can I Recover for Medical Malpractice?
Victims of medical malpractice are entitled to various types of compensation for their losses. These damages can help cover the financial burdens associated with the malpractice and provide support for future needs.
Here are the main types of damages you can recover:
- Medical expenses: Covers both past and future medical treatment costs related to the malpractice
- Rehabilitation costs: For physical therapy and other necessary rehabilitation services
- Lost wages: Compensation for income lost due to the inability to work
- Lost earning capacity: If the malpractice results in a disability that affects your ability to earn a living
- Pain and suffering: Compensation for physical pain and emotional distress caused by the malpractice
- Loss of enjoyment of life: For impacts on your ability to enjoy daily activities and life experiences
- Home modifications: Necessary changes to your home to accommodate disabilities
- In-home care: Costs of hiring in-home assistance or nursing care
If a loved one has tragically passed away due to medical malpractice, you may also be entitled to wrongful death damages, including funeral expenses, loss of companionship, and financial support.
Our dedicated team has a proven track record of securing significant settlements for our clients, as demonstrated in our case results. We will work tirelessly to build a strong case on your behalf, ensuring that all aspects of your suffering are addressed and that you receive the justice you deserve.
Why Hire A Medical Malpractice Attorney in Denver?
Hiring a medical malpractice lawyer in Denver can be essential if you have been a victim of medical negligence. Medical malpractice is a serious issue that can cause significant harm to patients and their families. It occurs when a healthcare provider fails to provide appropriate care, leading to injury or death.
Here are some reasons why hiring a medical malpractice lawyer in Denver is important:
1. Legal Expertise: Medical malpractice cases can be complex and require a thorough understanding of both medical and legal issues. A skilled medical malpractice lawyer in Denver has the necessary knowledge and experience to handle your case and protect your rights.
2. Investigation: A medical malpractice lawyer can investigate your case to determine the cause of the injury or harm. They can review medical records, interview witnesses, and consult with medical experts to build a strong case on your behalf.
3. Compensation: A medical malpractice lawyer can help you obtain compensation for your medical expenses, lost wages, pain and suffering, and other damages. They can negotiate with insurance companies and healthcare providers to ensure that you receive fair compensation for your injuries.
4. Peace of Mind: Dealing with a medical malpractice case can be stressful and overwhelming. By hiring a medical malpractice lawyer, you can have peace of mind knowing that your case is in good hands. Your lawyer can handle all aspects of your case, allowing you to focus on your recovery.
Overall, hiring a medical malpractice lawyer in Denver is crucial if you have been a victim of medical negligence. Our team at Boesen Law can provide the legal expertise, investigation, compensation, and peace of mind you need to move forward after a devastating injury or loss.
What Happens During a Medical Malpractice Lawsuit?
During a medical malpractice lawsuit, you can expect a detailed process aimed at proving negligence and obtaining compensation for your injuries. It typically begins with filing a formal complaint, followed by the discovery phase, where both parties gather evidence such as medical records, expert testimony, and witness statements. Pre-trial negotiations may lead to a settlement, but if an agreement isn’t reached, the case proceeds to trial. During the trial, both sides present their arguments, and a judge or jury determines whether malpractice occurred and the compensation amount. Throughout the process, legal representation is crucial to navigate the complexities and advocate for your rights effectively.
Our Denver Medical Malpractice Lawyers Can Help During a Free Consultation
At Boesen Law, we take the time to get to know our clients. We want to hear your story and learn how we can help you fight for the justice you deserve. To that end, we prioritize in-person consultations, offered free of charge and without the typical one-hour limit many other personal injury law firms have. Instead, we allow all prospective clients the time they need to ask questions and obtain information specifically related to their situations.
We encourage you to reach out to our Denver medical malpractice attorneys as soon as possible, as you only have two years from the date of alleged malpractice or the date on which you discovered/reasonably could have discovered your injury to sue for damages. If you fail to bring a lawsuit within this two-year statute of limitations, your case will almost certainly be dismissed, and you will be unable to recover damages.
Our Law Office
5675 DTC Blvd., Suite 250, Greenwood Village, CO 80111
Phone: 303-999-9999
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
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