Medical Malpractice Attorneys

What Is Medical Malpractice?

Medical malpractice refers to a medical professional breaching their duty of care and causing injuries to a patient. The standard of care is a significant aspect of these claims.

Medical negligence and medical malpractice are often used interchangeably, but they are not the same thing. Medical negligence is an error that a healthcare provider committed but which might not have resulted in injuries. Malpractice, on the other hand, involves a higher degree of recklessness or a conscious effort to cut corners.

A medical mistake becomes actionable with help from a lawyer for malpractice negligence cases when you suffer real, measurable harm.

Do I Have a Medical Malpractice Case?

To be able to file a medical malpractice case, you must meet four main requirements, which are:

• Duty of care: A duty of care must have existed between you and the medical professional.
• Breach of the standard of care: The medical professional must have breached the accepted standard of care.
• Causation: The medical professional’s conduct directly caused you harm.
• Damages: You suffered harm for which you can be compensated for.

If any of these requirements are missing, you will not be able to file.

Common Types of Medical Malpractice

Medical malpractice involves a variety of errors.

The most common include:

• Misdiagnosis and delayed diagnosis: Not offering the right diagnosis in a timely manner, which allows conditions to worsen.
• Surgical errors: Mistakes that are related to surgical procedures.
• Medication errors: Mistakes in dosing, not checking for interactions, or administering the wrong drug altogether.
• Anesthesia errors: Giving a patient too much or too little anesthesia or not monitoring them while receiving the drug.
• Birth injuries: Injuries to the mother or baby that occur during labor or delivery as a result of negligence or misconduct.
• Emergency room errors: Not receiving prompt care for serious conditions, getting the wrong diagnosis or medication, and not being monitored correctly.
• Hospital negligence: Any failure to provide the accepted standard of care while in the hospital can be negligence.
• Failure to treat or monitor: Occurs when a professional correctly identifies a condition but fails to provide appropriate treatment.
• Laboratory and testing errors: Mislabeling tests or contamination of materials.
• Nursing malpractice: Misconduct by any type of nurse.
• Pharmacy errors: Wrong dosages, not checking patient histories, and many other mistakes.
• Medical device errors: Malfunctions, failures, or mistakes involving a medical device.
• Failure to communicate medical information: Failure to communicate or update records.

For all of these cases, you must prove that another comparable medical professional would not have made the same error.

Who Can Be Held Liable for Medical Malpractice?

Many parties can be held responsible for medical malpractice, including:

• Doctors and physicians
• Surgeons
• Nurses
• Hospitals
• Clinics and medical facilities
• Pharmacists
• Laboratories
• Anesthesiologists
• Emergency room providers
• Other healthcare professionals

The more parties involved in the claim, the more complex you can expect the case to be.

How Do You Prove Medical Malpractice?

To prove medical malpractice, you must first demonstrate the following:

• Duty of care existed by proving a patient-provider relationship.
• Applicable standard of care
• Breach of the standard
• Negligence caused your injury

It’s essential to carefully document all of your losses, so you know the damages you may be entitled to.

What Evidence Is Needed?

To prove medical malpractice, you can rely on evidence, such as:

• Medical records
• Hospital records
• Test results and imaging
• Prescription and medication records
• Expert medical opinions
• Doctors’ malpractice history
• Bills and financial documentation
• Employment and lost wages records

Gather as much evidence as you can, so you and your lawyer can put together a strong case.

How Our Medical Malpractice Attorneys Investigate Your Case

At Bachus & Schanker, we begin the process by reviewing your case. We’ll start investigating how the malpractice occurred and gathering evidence.

If we determine that the standard of care was breached, we’ll establish which parties may be liable. We can then calculate your damages and start negotiating with insurers.

What Compensation Can You Recover?

You can recover economic damages, including medical expenses, rehabilitation, lost wages, lost earning capacity, and the cost of long-term care. You are also entitled to non-economic damages, such as pain and suffering, loss of enjoyment of life, loss of consortium, and emotional distress.

Wrongful death damages apply to cases where the person loses their life as a result of malpractice.

Colorado’s Medical Malpractice Statute of Limitations

The medical malpractice statute of limitations in Colorado is typically two years from the date of the injury or from when you discovered the injury.

Why Choose Bachus & Schanker?

The team at Bachus & Schanker has obtained the largest collectible medical malpractice jury verdict in Colorado. We’ve also pursued some of the most difficult cases successfully and always provide compassionate and personalized representation.

What Makes Medical Malpractice Cases Different?

Medical malpractice cases rely on complex medical records, while also requiring assistance from expert witnesses. These cases often have multiple liable parties and involve high-value injuries. Investigations can take longer, too.

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Contact Bachus & Schanker for a Free Medical Malpractice Consultation

If you have suffered an injury because of medical malpractice, Bachus & Schanker can help.

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