Colorado Springs Medical Malpractice Lawyer

Medical malpractice cases can be complex and overwhelming, and it is crucial to have an experienced Colorado Springs medical malpractice lawyer by your side to protect your rights. We understand this can be a difficult time with many uncertainties about the future. It is crucial to remember you are not alone when you obtain assistance from experienced medical malpractice attorneys. Seeking assistance allows you to seek justice from the responsible party while giving you the time to recover and heal.

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Common types of medical malpractice

Medical malpractice encompasses a wide range of situations where healthcare professionals fail to provide the standard level of care, resulting in patient harm or injury. Some of the common types of medical malpractice errors that individuals may encounter include:

  • Failure to diagnose, misdiagnosis, or delayed diagnosis: When a doctor fails to accurately identify an illness or condition, it can lead to delayed or incorrect treatment
  • Surgical errors: Surgical errors can have serious consequences for patients, such as leaving instruments inside the body, nerve and organ damage, or wrong-site surgeries
  • Medication errors: This includes prescribing incorrect medications, administering improper dosages, failing to recognize drug interactions or allergies, and providing medication without proper instructions
  • Birth injuries: Negligence during prenatal care or childbirth can result in birth injuries such as cerebral palsy from oxygen deprivation during delivery and other preventable complications
  • Failure to obtain informed consent: Patients have the right to be informed about risks associated with treatment options to make educated decisions about their healthcare. Failing to obtain proper consent for procedures violates this right.
  • Nursing home neglect and abuse: Seniors residing in nursing homes are vulnerable to neglect and abuse, including inadequate care, improper medication management, lack of supervision, physical abuse, emotional abuse, and financial exploitation
  • Failure to monitor patients: Healthcare professionals have a duty to carefully monitor patients’ conditions during hospital stays or post-operative recovery. Neglecting this responsibility can lead to complications or even death.
  • Anesthesia errors: Administering incorrect dosages of anesthesia or failing to monitor a patient’s vital signs during surgery properly can have severe consequences, like brain damage or respiratory distress
  • Emergency room errors: Due to the fast-paced nature of emergency rooms, mistakes, including misdiagnosis or delays in treatment, can happen more frequently

How to know if you have a medical malpractice case

Determining whether you have a medical malpractice case requires carefully considering and evaluating various factors, such as:

  • Substandard care: It must be established that the healthcare professional or facility deviated from the accepted standard of care. This typically involves showing that another competent provider in the same situation would have acted differently.
  • Injury or harm: There must be evidence of significant physical, emotional, or financial harm caused by the negligent actions or omissions of the healthcare professional
  • Causation: You need to demonstrate a direct link between the substandard care received and your injury or harm suffered

Remember that each case is unique, and it is essential to seek personalized legal advice based on your specific circumstances from a qualified medical malpractice lawyer in Colorado Springs.

How does one determine liability?

Determining liability in a medical malpractice case involves establishing the following:

  • Standard of care: It must be established that the healthcare professional or facility owed a duty of care to the patient
  • Breach of duty: To prove negligence, it must be shown the standard of care expected from the healthcare provider was not met
  • Causation: It needs to be shown that this breach of duty directly resulted in harm or injury being suffered by the patient

What to do if you suspect you have been the victim of medical malpractice

It is essential to consult with a medical malpractice attorney as soon as possible. Engaging the services of an experienced lawyer will greatly assist in evaluating your case to establish negligence. Should you have grounds to file an injury claim against the responsible party, your attorney benefits you as follows: 

  • Reviewing medical records: A thorough review of all relevant medical records is crucial to identify any discrepancies or evidence of medical negligence. Consulting with a medical malpractice lawyer will help you access and maintain these records to help support your case and establish negligence. 
  • Expert testimony: To support your case, your lawyer has access to experts whose testimony will likely be needed to provide an opinion stating how medical negligence led to your injury
  • Statute of limitations: Your lawyer is aware of Colorado’s statute of limitations to ensure you do not miss any deadlines
  • Settlement negotiations: While you rest and recover, your attorney will handle settlement negotiations with the responsible party and their insurance company to ensure you receive the appropriate compensation
  • Litigation: Should a settlement not be reached, your lawyer will file the case with the appropriate court and aggressively litigate the matter before a judge and jury to obtain a favorable outcome
  • Care and support: Colorado Springs medical malpractice lawyers provide care and support, along with access to various resources

Colorado’s statute of limitation for medical malpractice cases

According to the laws in Colorado, the general time limit for filing a medical malpractice lawsuit is two years from the date the injury or negligent act occurred. However, certain exceptions and variations may affect the time limit.

How our Colorado Springs medical malpractice lawyers can help

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If you believe you have been a victim of medical malpractice in Colorado Springs, don’t face this challenging time alone. Bachus & Schanker has the knowledge, skills, and resources to handle your case with care and expertise. Let us advocate for obtaining justice and holding negligent healthcare providers accountable. 

Sources:

CRS 13-80-102.5.

McDuffey, T. (2023). Elements of a Negligence Case.

Settlement Negotiations in Personal Injury Lawsuits. (2023).

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Written and Legally Reviewed By: Kyle Bachus

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Kyle is a member of the Colorado and Florida Bar associations and has served on the Board of Directors of the Colorado Trial Lawyers Association for more than twenty years in total. Over the years, Kyle has achieved justice for many clients. He has served on numerous committees and repeatedly won recognition from his peers at both the state and national level. He is proud of the role he has played in the passage of state and national legislation to protect consumers and is a frequent speaker and guest lecturer.