Denver Medical Malpractice Lawyer

Denver Medical Malpractice Injuries Lawyer in Colorado

For Denver medical malpractice in Colorado to occur its 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.

After your free case consultation with our Denver medical malpractice injuries lawyer relating to personal injury accident, we will diligently fight for your behalf. We’ll navigate the Denver medical malpractice injury legal system and let you know when there are things you can do to strengthen your case as your attorney. Our firm will provide you your own Denver medical malpractice injury lawyer and personal injury attorney and will take as much of the strain and process, so you don’t have to worry anymore.

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Based on the 2022 Medscape Physician Compensation Report and the John Hopkins Medicine Studies occurrences collected from a wide range of sources:

  • $424 million was paid out from 2009 to 2018 in Colorado medical malpractice cases
  • $38.5 billion has been paid out to victims of medical malpractice since 2009
  • 11,232 medical malpractice reports were filed in 2021
  • 85,983 cases of medical malpractice were from physicians from 2009-2018
  • 14,510 cases of medical malpractice claims were from dentist from 2009-2018
  • $205 million award of damages to Erica Byrom after her daughter suffered a brain injury during birth at John Hopkins Bayview Medical Center, Baltimore MD (September 2019) the largest medical malpractice award

Consultation

We meet with you or your loved ones as soon as possible after your Denver medical malpractice injury in Colorado. Our team will gather the evidence needed to build your case. The initial process usually involves your opening your insurance claims, evaluating and updating the damages you incurred, and fully exploring possible sources of compensation for your injuries. We can also assist you in finding medical or financial assistance and finding the best providers to fit your individual needs. If you are injured in a Denver medical malpractice liability injuries accident speak with our Denver medical malpractice injuries attorneys in Colorado for a free consultation.

Evaluate

A major medical malpractice liability injuries in Denver Colorado can cost you a fortune in medical fees, lost wages, and property damage. It could also cause pain and suffering, as well as possible impairment. We’ll coordinate with your insurance company to help get you compensation for these economic, non-economic and punitive damages.

Representation

If the at-fault party’s or your own insurance company refuses to provide you with a proper settlement, we won’t hesitate to help you file a lawsuit against them. Our attorneys in Denver Colorado provide aggressive legal representation to help make sure you get the financial and medical reparation you deserve.

Settlement vs Trial

The final decision to settle in a medical malpractice liability injuries case is entirely the client’s decision. We understand that this can be a daunting decision. Our lawyers at Larson Larimer Schneider will discuss with you the fairness of the insurance company’s settlement offer and the potential risks and advantages of moving forward with a lawsuit. We will be available to answer any questions you may have.

CASE INQUIRY FORM

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You can help the attorneys evaluate your case by providing details about how the accident occurred, witnesses, resulting injuries, and diagnosis, etc
What is the common definition of Denver Medical Malpractice in Colorado?

When treating patients, medical professionals are expected to do what a reasonable physician would do under the same or similar circumstances. Medical negligence claims in Colorado 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 treatment following a correct diagnosis, and a professional’s failure to obtain a patient’s informed consent for treatment.

What are the commons causes of Denver Medical Malpractice Injuries?

Medical negligence claims most commonly result from mistakes by professionals during surgery, childbirth, amputation, and administration of anesthesia. Claims also typically 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. Here are some common examples of medical malpractice and negligence in Denver Colorado which 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 Properly. 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
  • Severe Traumatic Brain Injuries Due To Physician or Hospital Negligence. Moderate and severe TBIs are one of the leading cause of severe injuries, disability, and death such anoxic and hypoxic brain injuries involve total or partial loss of oxygen to the brain
  • Patients Death Due To Physician or Hospital Negligence. Medical negligence claims resulting in death most commonly result from mistakes by professionals during surgery, childbirth, amputation and administration of anesthesia
How do you prove Denver Medical Malpractice injury claim in Colorado?

The healthcare provider in Colorado cannot guarantee a good result from treatment, but they are responsible for providing a basic level of healthcare to a human being. The care they must give depends on their medical training, the prevailing professional standard, and the norm for treatment in that medical situation. In order to do this, you must prove four different elements for medical malpractice:

  • The First Element of Medical Malpractice. There needs to be a doctor-patient relationship existed between you and the healthcare professional in Denver Colorado. This means that you asked for treatment, and the doctor agreed to treat you. This element of proof does not require you to have had a longstanding relationship with the healthcare professional. Even going to an emergency room establishes the relationship because they have already agreed to see whoever came in
  • The Second Element of Medical Malpractice. You must prove is that the doctor was negligent in Denver Colorado either provider or hospital. This will form the basis of the lawsuit. It’s important to understand that negligence does not simply mean you were unhappy with the results. Sometimes treatment isn’t successful, and there was no medical malpractice. The doctor must have been negligent or failed to act in a manner another reasonable professional would have
  • The Third Element of Medical Malpractice. In order to prove that the doctor’s negligence caused the injury in Denver Colorado. This is sometimes difficult because when a person sees a doctor, he or she is often already injured or sick to a degree. You must show that the injuries caused were a direct result of the negligence and not another condition. For example, if a patient is being treated for cancer but passed away due to a doctor’s negligence, it can be difficult to prove that the death was due to negligence, and not cancer
  • The Fourth Element of Medical Malpractice. You must show that the injury caused you certain losses or economic and non-economic damages. Without damages, there is nothing to compensate for, and therefore, there is no case in Denver Colorado
What damages can I recover from a Denver Medical Malpractice Injury Claim in Colorado?

As experienced trial personal injury lawyers, our approach is different. We approach cases differently than what you may find at other law firms in Colorado. We strategize in case development so when the medical malpractice injury lawsuit is filed in the docket, it is presented professionally, with sound evidence. If the case cannot be settled outside of court (in most cases it will be), we move forward with a lawsuit to seek justice on your behalf. our case will be thoroughly evaluated to determine the financial value of the specific damages including:

  • Economic Damages. For these types of damages they are losses include medical expenses, now and future, lost earning capacity, lost income from work, and all other costs associated with the bodily injuries. Economic damages may also include the cost to repair any property damaged in the collision
  • Non-Economic Damages. For these types of damages they are the personal losses associated with the accident. Often times claims include pain and suffering, emotional distress, emotional anguish of living with impairments, and loss of quality of life
  • Punitive Damages. These damages are intended to punish the person responsible for the accident for malice. Punitive damages are only paid when it can be established that the injury accident involved an act of malice, or willful and wanton conduct (a reckless disregard for the safety of others) or unfairly determined
What are the damages limit on Denver Medical Malpractice in Colorado?

The State of Colorado has set caps on awards in medical malpractice cases, which limit the amount of compensation that you can receive for damages—the losses you experienced as a result of the defendant’s negligence. In Colorado it has two separate limits – one applying to noneconomic damages and one applying to the total damages, including economic damages like medical bills, lost income, and diminished earning capacity. In 2022, the monetary cap for noneconomic damages (including physical impairment or disfigurement) is currently $300,000, and the overall limit for all damages is $1 million. In cases involving multiple injured patients, these limits apply to each patient.

There is one exception in Colorado law allows only one to the overall damages cap: If the court finds that a plaintiff’s past and future economic damages would be more than the limit, and that there’s a good reason it would be unfair to apply the cap, the court may award economic damages over the $1 million limit.