Denver Medical Malpractice Attorneys
Understanding Medical Malpractice & Negligence
Medical malpractice occurs when the conduct of medical professionals—including doctors, nurses, physicians’ assistants, dentists, pharmacists, nursing home staff, and others—falls below the “standard of care,” or the level of care that similarly situated medical professionals are supposed to provide to their patients. When treating patients, medical professionals are expected to do what a reasonable physician would do under the same or similar circumstances.
Medical negligence claims most commonly result from mistakes by professionals during surgery, childbirth, amputation, and administration of anesthesia. Claims also commonly involve misuse of medications, implants, or medical devices; failure to diagnose an illness or render proper treatment following a correct diagnosis; and a professional’s failure to obtain a patient’s informed consent for treatment.
Why You Need an Attorney for Your Medical Malpractice Case
Each year, thousands of people are injured or die as a result of preventable medical errors. Discovering, proving, and recovering for personal injuries or wrongful death caused by medical malpractice requires a sophisticated team of legal professionals. The Denver medical malpractice attorneys at Larson Larimer Schneider, P.C. have been fighting these cases for our clients—and getting the settlements they deserve—for years.
When you believe that you or someone you care about was the victim of a preventable medical error or act of negligence or misconduct, it is critical that you reach out to an attorney right away. In Colorado, you only have two years to file a lawsuit for medical malpractice. The clock starts ticking either on the date of the incident or injury or on the date on which you discovered or reasonably should have discovered that you were injured.
It’s also important to note that a poor outcome after a medical procedure does not necessarily constitute malpractice. It’s important to discuss your situation with an attorney who can properly evaluate whether a medical professional provided substandard care or treatment that fell below the acceptable standard of care. This generally requires an in-depth investigation and, often, the help of expert witnesses who can attest to the standard of care and whether or not it was breached.
Examples of Medical Malpractice
Medical malpractice and negligence can occur in any environment where you receive medical treatment and can include cases against doctors, nurses, or other health care providers.
Common examples of medical malpractice and negligence include:
- Birth Injuries: Injuries to a fetus, newborn baby, or mother that occur during pregnancy, labor, delivery, or immediately after birth, such as brain damage, cerebral palsy, Erb’s palsy, and more
- Failure to Diagnose: Mistakes or negligence that cause a medical provider to fail to diagnose a condition, such as cancer, or misdiagnose a patient’s injury or illness
- Hospital Patient Alarm Fatigue: When medical professionals are exposed to an excessive amount of patient alarms, leading to sensory overload, fatigue, and mistakes
- Medication Errors: Mistakes in the administration or dispensing of medications, including overdose and under-dose, anesthesia mistakes, and wrong prescription
- Paramedic and EMT Negligence: Failure of paramedics and EMTs to provide an acceptable standard of care during emergency calls and in other situations
- Surgical Errors: Examples include wrong-site surgery, left-behind objects, surgery on the wrong patient, and mistakes in administering anesthesia
Medical malpractice cases are complicated and difficult and often take a long time to resolve due to the complexity of the litigation involved. It is important to choose a medical malpractice lawyer carefully. If you or a family member feel you have a medical malpractice case in Denver or the nearby areas, call our attorneys immediately to seek counsel and protect your rights.
Why Choose Larson Larimer Schneider, P.C.?
At Larson Larimer Schneider, P.C., we recognize that injuries resulting from the negligence of a trusted medical professional can be traumatic. Not only do we strive to ensure that you receive the care and treatment you require following an injury, but we also work diligently to seek redress against those responsible, ensuring the future safety of Colorado’s citizens.
If you believe that you were the victim of medical negligence, contact our firm immediately for assistance. Please be aware that an unsatisfactory result does not always mean that you were a victim of substandard care. Our Denver medical malpractice attorneys can evaluate your situation, obtain a medical review of your treatment records, and determine whether you may have a medical malpractice case.
With over a century of combined legal experience and more than $250 million recovered for our clients, our firm is well-equipped to help you navigate the legal process. We offer free consultations and provide most personal injury services on a contingency fee basis. This means that you do not owe any attorneys’ fees unless/until we successfully recover a settlement or verdict in your case.
Frequently Asked Questions About Medical Malpractice
What is Medical Malpractice?
Medical Malpractice occurs when the conduct of medical professionals, including doctors, nurses, physicians’ assistants, dentists, pharmacists, and nursing home staff, falls below the “standard of care,” or the level of care that similarly situated medical professionals are supposed to provide to their patients. Simply put, when treating patients, medical professionals are expected to do what a reasonable physician would do under the same or similar circumstances. Medical negligence claims most commonly result from mistakes by professionals during surgery, childbirth, amputation, and administration of anesthesia, misuse of medications, implants, or medical devices, failure to diagnose an illness or render proper treating following a correct diagnosis, and a professional’s failure to obtain a patient’s informed consent for treatment.
Does My Health Insurance Have a Right to Reimbursement?
If your health insurance company has covered any of the costs of treatment associated with your injury, it will likely have a right to reimbursement under the terms of your insurance policy. Many health insurance providers have subrogation rights, or rights to pursue third parties who cause loss to their insured for which the health insurance company has paid. Generally, medical expenses incurred as a result of medical negligence and paid for by your insurance carrier will be reimbursed by the at-fault party’s insurance provider or from any settlement recovered from the at-fault individual.
What Damages May I Be Able to Recover?
In medical malpractice cases, plaintiffs generally may be able to recover damages for economic loss, non-economic loss, and physical impairment. Economic damages include compensation for past medical expenses resulting from the defendant’s negligence, future medical expenses, past and future lost wages, impaired earning capacity, and related out-of-pocket expenses. Non-economic damages on the other hand are intended to compensate the injured party for pain and suffering, loss of enjoyment of life, inconveniences associated with the incident in question, and emotional distress. Compensation for physical impairment and disfigurement may be awarded for physical disabilities, scars, loss of limb, burns, etc.