Medical Malpractice Lawyer in Colorado Springs Near You
Medical malpractice cases can be complex and emotionally challenging, often leaving victims with physical, emotional, and financial burdens. In Colorado, like many other states, individuals who have suffered harm, such as catastrophic injury, due to medical negligence have the right to seek compensation through legal avenues, as do their loved ones in cases where the patient passed away or is no longer physically capable of seeking compensation. Navigating medical malpractice cases can be quite difficult as they require a deep understanding of the legal intricacies involved.
At the Law Offices of Rodemer | Kane we have the knowledge and experience to go up against hospital’s legal departments as well as insurance companies that would attempt to get you or your loved one to settle for an inferior medical malpractice settlement. If you have been injured by a medical professional due to some form of negligence, contact our Colorado Springs law office online or call 719-437-7532 to book a free case consultation.
What Is Medical Malpractice? Understanding Colorado’s Medical Malpractice Laws
Colorado has specific laws which govern medical malpractice cases. One important thing to be aware of is that there is a statute of limitations that restricts the time within which a lawsuit must be filed. In Colorado, the statute of limitations for medical malpractice is generally two years from the date the injury is discovered, but it may be extended under certain circumstances.
Colorado also follows a modified comparative negligence system. This means that if the injured party is found to be partially at fault for their injury, then their compensation may be reduced in proportion to their degree of fault. If the injured party is found to be more than 50% at fault, then there is a high probability that they will not be eligible for any compensation.
Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm to the patient. In Colorado, there must be certain elements of negligence present to establish a medical malpractice case, these include:
- Duty: The healthcare provider owed a duty of care to the patient.
- Breach of Duty: The provider breached the standard of care.
- Causation: The breach of duty directly caused harm to the patient.
- Damages: The patient suffered measurable harm or damages.
Types of Medical Malpractice Cases
Medical malpractice includes a wide range of situations where healthcare providers have failed to meet the proper standard of care, resulting in harm to their patients. There are many different types of cases that may be considered medical malpractice involving various medical settings. Here are some examples of cases that may be deemed medical malpractice:
Misdiagnosis or Delayed Diagnosis: If a doctor fails to accurately diagnose a patient’s condition, such as a mistaken cancer diagnosis, this can lead to a delayed or incorrect treatment plan, ultimately impacting the outcome for the patient.
Surgical Errors: There are many ways that a mistake can occur during surgery, a surgeon could operate on the wrong body part, leave a surgical instrument inside the patient, or perform a procedure without the patient’s informed consent.
Medication Errors: If a patient is administered the wrong medication, prescribed an incorrect dosage, or the patient’s known allergies are not taken into consideration by a healthcare professional and an adverse effect is the result, it could be medical malpractice.
Birth Injuries: If a doctor or nurse is somehow negligent during the childbirth, it could lead to injuries to the infant, such as cerebral palsy caused by oxygen deprivation.
Anesthesia Errors: An anesthesiologist is tasked with making sure the patient receives the correct dosage for their age, weight, size, and health. If an incorrect dosage is administered it could lead to complications during surgery or anesthesia-related injuries.
Failure to Obtain Informed Consent: A healthcare provider must have consent before performing a medical procedure on a patient. Failing to adequately inform a patient of the risks and alternatives associated with a medical procedure can lead to a medical malpractice suit especially if the patient suffers harm as a result.
Nursing Home Negligence: Nursing homes are responsible to give care to our elderly loved ones. Neglect or substandard care in a nursing home, resulting in preventable injuries such as bedsores, malnutrition, or other health issues is considered medical malpractice.
Emergency Room Errors: Misdiagnosing a life-threatening condition in an emergency room, or providing inadequate attention during a health crisis which leads to delayed treatment and worsened outcomes is another form of medical malpractice.
Radiology and Imaging Errors: Radiologists, CT technicians, MRI technicians, ultrasound technicians are all responsible for properly interpreting diagnostic imaging, such as X-rays or MRIs. Failure to do so can result in a misdiagnosis or missing a health complication altogether.
Inadequate Follow-Up Care: A healthcare provider must provide appropriate follow-up care after tending to a patient. It is medical malpractice if they neglect to do so leading to complications or a worsening of a patient’s condition.
Infections Due to Negligence: Infections which are acquired in a healthcare setting due to inadequate sterilization procedures or failure to follow proper infection control protocols can cause serious health complications.
Establishing medical malpractice in any of the above-mentioned scenarios requires proving that the healthcare provider’s actions or omissions deviated from the accepted standard of care and directly caused harm to the patient. Consulting with an experienced medical malpractice attorney near you is crucial to assess the merits of your specific case so that they will be able to determine the best course of action for seeking compensation and justice.
Why Hire A Colorado Medical Malpractice Lawyer?
There are many reasons why it is always best to consult with a medical malpractice attorney in your area if you or a loved one have suffered after seeking medical treatment. Medical malpractice cases involve understanding the intricate legal and medical issues relevant to your specific case. There are many nuances of medical malpractice law, so it is important to find the best medical malpractice attorney you can. One who is capable of navigating the complexities of medical records, conduct thorough investigations to gather evidence, and who can work with expert witnesses to build a strong case. At the Law Offices of Rodemer | Kane we will do our due diligence for you, making sure to fight to get you all that you deserve. Our skilled personal injury attorneys are adept at negotiating with insurance companies and representing your interests in settlement discussions. And if a fair settlement cannot be reached, our nearby Colorado medical malpractice lawyers are prepared to advocate for you in court.
Contact A Colorado Springs Medical Malpractice Attorney Near You
Medical malpractice cases in Colorado demand a strategic and knowledgeable approach. Hiring a personal injury lawyer specializing in medical malpractice is crucial to navigate the complex legal landscape, ensure that the case is within the statute of limitations, and to advocate effectively for the rights of the injured party. By seeking legal representation, victims increase their chances of obtaining fair compensation for the damages they have suffered due to medical negligence. If you have been injured due to the negligence of a healthcare professional or have any more questions about medical malpractice in Colorado, please contact the Law Offices of Rodemer | Kane online or call 719-437-7532 to book a no obligation free case consultation. We are happy to work with you and answer any questions you might have.