Thousands of people living in the United States trust their doctors to provide effective medical treatment for all types of injuries and illnesses. Unfortunately, medical negligence is one of the leading causes of accidental injuries and deaths in the United States each year. Whenever a medical professional fails to meet their patient’s standard of care and harm results, this can form the basis of a medical malpractice case.
Filing a medical malpractice suit is similar to the process of filing any other type of personal injury claim. However, there are a few additional rules you must follow for this type of claim, and state law places some restrictions on the compensation available to a plaintiff in a medical malpractice suit. If you intend to pursue a medical malpractice claim, it is vital to have legal counsel you can trust to represent you.
You must prove that a formal doctor-patient relationship existed between you and the defendant before filing your medical malpractice claim. This means that you agreed to the doctor’s treatment, and the doctor agreed to treat you. Next, you will need to prove that the doctor failed to meet the standard of care that applied to your diagnosis. You may need to prove that the doctor was negligent in some way resulting in harm, or that they engaged in some type of professional misconduct, such as operating on you while under the influence of drugs or alcohol.
After meeting these requirements, you will need to show proof that you suffered actual harm from the defendant’s actions. This harm may include additional medical expenses for corrective treatment you needed, lost income from the inability to work during your recovery, and the pain and suffering you experienced. You will also need to obtain a certificate of review from a medical professional with similar credentials to the defendant. This certificate includes a clear explanation as to how the defendant failed to meet the standard of care you required in the situation.
Most medical malpractice cases and other personal injury claims filed end in private settlements. This allows both the plaintiff and the defendant to avoid the time commitment and expense of litigation. Additionally, when a civil case is litigated, the judge has the final say on the outcome, whereas settlement allows both parties to exert more influence over the final terms and conditions of the case’s resolution.
Ultimately, a medical malpractice claim will be more challenging to construct than a standard personal injury claim, and state law places various restrictions on your recovery. This can seem like a very challenging situation, and you could face a variety of unexpected difficulties as you seek accountability and compensation for your experience. When you have Cheney, Galluzzi & Howard representing you, you are not only more likely to succeed with your case but also more likely to maximize your recovery as much as state law allows. The sooner you reach out to a medical malpractice attorney to help with your case, the more likely you are to succeed.
A: The typical statute of limitations for medical malpractice in Colorado is two years from the date the injury occurred. It’s possible for this to extend to three years if the malpractice and its effects are not immediately recognizable. Additionally, the statute of limitations could also extend if the defendant took steps to conceal their malpractice or if they left a surgical instrument inside of a patient’s body.
A: There are, unfortunately, two caps on damages with which plaintiffs must contend in medical malpractice claims. First, there is a $300,000 cap on non-economic damages such as pain and suffering. Second, there is a cap of $1 million for a total case award, regardless of the severity of the harm the plaintiff suffered.
A: To succeed with a medical malpractice suit, the plaintiff must prove that the defendant failed to meet the standard of care they required for their diagnosis. This could be through intentional misconduct or some form of professional negligence. Your medical malpractice attorney can help you gather the evidence you will need to prove that you suffered medical malpractice and hold the defendant appropriately accountable for the harm they caused.
A: Colorado law requires the plaintiff in a medical malpractice claim to obtain a certificate of review that they must submit to the defendant no later than 60 days after filing their case. This is a sworn statement from another medical professional with similar qualifications to the defendant, and they must explain in detail how the defendant failed to meet the standard of care that the patient required for their diagnosis.
A: There is no need to worry about your legal fees when you hire Cheney, Galluzzi & Howard to represent your case. We take medical malpractice claims and other personal injury claims on contingency, meaning we only take a fee from our clients after we win their cases. Additionally, this fee is a portion of the total compensation recovered on their behalf, and they keep the rest. There is no fee at all if our firm is unable to secure compensation for the medical malpractice you suffered.
Medical malpractice cases tend to be some of the most challenging personal injury claims filed, and the average person is likely to have many pressing legal questions at the outset of this type of case. If you or someone you love suffered harm from the negligence or misconduct of a medical professional, you have the right to seek accountability and compensation for your damages. Contact us today and schedule a free consultation with our team to learn how we can help you in this situation.