Medical Malpractice and Negligence
Each year approximately 100,000 people die from negligent medical care and millions more are injured. At Bachus & Schanker, LLC in Colorado, our medical malpractice attorneys believe that the safety and security of health care for American families should come first. Consumers and patients deserve a legal system that can serve their needs and give them the power to seek help when they have needlessly suffered serious and permanent injury as a result of negligent medical care.
Medical professionals including doctors, nurses and physicians' assistants are required to follow a “standard of care,” and provide medical treatment in the manner that similarly licensed medical professionals are supposed to provide care. Medical malpractice occurs when a physician fails to do what a reasonably careful and similarly licensed physician should have done in the same situation. Medical negligence occurs when a doctor does something to a patient that a reasonably careful physician would not do or when a doctor fails to do something in treating a patient that the doctor should have done. Negligence in medical malpractice cases can occur in a variety of situations, such as:
- A delay or failure in diagnosing a disease
- A surgical or anesthesia-related mistake during an operation
- The physician's failure to gain the informed consent of the patient for an operation or surgical procedure
- A physician that has made the correct diagnosis, but then fails to provide proper treatment
- Misuse of prescription drugs or a medical device or implant
- Wrongful amputation
- Delivery mishaps and birth injuries
If you suspect that you or someone you love is the victim of medical malpractice or negligence, you should seek legal assistance immediately. A Colorado-based medical malpractice attorney at Bachus & Schanker, LLC can help clients from across the country.
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Establishing a Medical Malpractice Claim
To prove a claim for medical negligence or medical malpractice not only must you prove that the doctor (or the doctor's staff) failed to act as a reasonably careful doctor would in the same or similar circumstances, you must also be able to establish that you were injured or harmed as a result of that doctor's careless actions or failure to act. An unsatisfactory result in medical treatment or surgery does not necessarily mean that malpractice was committed or that any treatment was below the standard of care. However, if you believe you may have been the victim of medical malpractice, the Colorado-based medical malpractice lawyers at Bachus & Schanker, LLC can evaluate your situation and help protect your legal rights.
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Medical Review
In order to determine whether a potential malpractice case exists, a medical expert must carefully review the medical care in question to determine whether the patient received substandard care and whether the substandard care caused the patient to suffer substantial injuries. At Bachus & Schanker, LLC, after an initial review by our experienced medical malpractice lawyers, we will have board certified and objective medical experts conduct a complete review of the circumstances surrounding the cases we believe to have merit. If a doctor certifies that the patient received substandard care, a malpractice claim may be pursued against those who provided medical care to the patient, including doctors, nurses, and hospitals. Generally speaking, a medical malpractice claim may be pursued against those who provide medical or health care to a patient, including, physicians, registered nurses, hospitals, dentists, nursing homes, and pharmacists. Medical malpractice claims may be brought against individuals, partnerships, professional associations, and corporations.
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Colorado Governmental Immunity Act
It is very important to know that many hospitals in Colorado are operated by state and local governments and therefore are considered governmental entities. Additionally, doctors and staff members at those hospitals may also be considered government employees. Under Colorado law, (C.R.S. 24-10-109) you must notify a governmental entity within 180 days of the potential medical malpractice in order to preserve your right to bring a claim. An attorney can help you fully understand the law and ensure that you are in compliance with the requirement. Failure to comply with the notice requirements described in C.R.S. 24-10-109 can result in losing your claim automatically. Additionally, if the hospital is a governmental entity or the doctors and staff are government employees, you may be limited to recovering a maximum of $150,000.00. Because the requirements in Colorado and throughout the country are so complex, it is often advisable to speak with a qualified medical malpractice lawyer to protect your ability to file a claim and obtain compensation for your injuries.
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Safe Health Care Tips & Information
The following steps can help protect yourself and your family from medical malpractice and other health care dangers:
- Always keep a list of all medicines you are taking and what drug or other allergies you may have. When a doctor is prescribing medicine, ask about side effects, other warnings and what to avoid while taking the medication. Confirm with the pharmacist that you are receiving the right medication with the right dosages.
- Feel free to ask plenty of questions of your doctor or pharmacist. Make your doctor take the time to explain things to you until you feel like you fully understand.
- If your doctor refers you to a hospital for a procedure, talk to your doctor about which hospital they are referring you to and make sure that it meets your needs and standards.
- If you have to undergo surgery, make sure you, the surgeon and all medical providers agree and understand what kind of procedure you are undergoing.
- To learn about a particular physician or hospital, visit the following website http://www.healthgrades.com/
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Report an Incident to the Colorado Medical Board
The Colorado Medical Board is responsible for licensing and regulating physicians and physicians' assistants in Colorado. According to the Colorado Medical Board, each year, approximately 800 complaints are made against Colorado physicians and physician assistants. To find out the status of a particular physician's license, or to report a medical malpractice incident to the Colorado Medical Board, please visit the following website: http://www.dora.state.co.us/medical/main-complaints.htm
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At Bachus & Schanker, LLC in Denver, Colorado our medical malpractice attorneys possess the experience, knowledge, innovation, know-how, and financial resources required to effectively handle your medical negligence case. During the initial client contact, we will obtain a detailed medical history, gathering the names of all physicians and hospitals that have rendered medical treatment to the client. It is valuable for a client to prepare a written summary (timeline) of all medical treatment, including dates, doctors, symptoms, conversations with medical providers, and treatment received to assist us in evaluating the case.
Medical malpractice cases in Colorado can be complicated and difficult, and as a result it is important to retain medical malpractice lawyers prepared to help you through the process. If you believe that you or one of your family members is the victim of medical negligence, contact the Colorado medical malpractice attorneys at Bachus & Schanker, LLC in Denver. We are prepared to act immediately to investigate your potential claim.
If you would like more information on this topic, call us at 303-893-9800 or toll free nationwide at 1(877) 653-9800, or use our "Do I Have A Case?" forms. In addition to medical malpractice, our attorneys also handle nursing home neglect cases, workers' compensation claims and claims involving auto accidents, truck accidents, motorcycle accidents, pedestrian accidents, plane crashes, bus accidents, and more. We are committed to protecting the rights and interests of injury victims throughout the country.
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