We have a lot of respect for our Brighton, Colorado, medical professionals. We know how much they care for patients and how hard they work. In some cases, we could say that they are probably overworked. Medical professionals, though, are humans, and humans make mistakes. If those mistakes aren’t caught in time, they can do real damage. In those cases, the victims are owed some compensation for their difficulty.
Holding those who made the mistake accountable is important. It’s not a condemnation of their character. Rather, being held accountable can lead to institutional changes that prevent the same problems from happening again. If you’ve been hurt by a medical mistake, you owe it to yourself to explore every option to get what you’re owed. In the process, you may even help spur change that prevents others from having to suffer as you have. At Cheney Galluzzi & Howard, we are ready to help you seek what you deserve.
Medical malpractice, as a subset of personal injury law, hinges on being able to show that the defendant failed to live up to the “standard of care.” This is a concept without a strict definition because medicine is an ever-changing, improving field. Therefore, adhering to a proper standard of care is a way of ensuring that the expectations of medical professionals and institutions stay in line with current understanding. Not living up to the standard of care means that they failed to take similar actions that a reasonably careful professional or entity would have taken, given those circumstances. This is often established through expert witnesses attesting to how they and their colleagues would have handled the same circumstances.
Once negligence is established, it must be shown that the negligence led to harm or injury. In most cases, this harm would be something in addition to whatever ailment inspired the original interaction with the medical institution. However, there may be some cases where the harm is a delay in getting appropriate treatment and allowing the original ailment to get worse or drag on longer.
It might seem like only medical professionals can be held liable in a medical malpractice situation, but that’s not necessarily the case. Many instances of medical malpractice are just as much the result of institutional failure as they are the fault of medical professionals. Some of the entities that can be held accountable in a medical malpractice claim include:
A: The Certificate of Review is a document that must be submitted to the court within 60 days of serving a medical malpractice complaint to the defendant. There are two components to what the review must affirm:
This is one of the areas of the process that a lawyer can be particularly helpful with. It’s important that the qualified expert be a peer of the defendant. In other words, if you are filing a claim against a cardiologist, then the qualified expert should be another cardiologist. Your lawyer can help find an appropriate expert to work with, and they may already have connections.
A: Negligence in the medical field is anything that doesn’t live up to what is known as the “standard of care.” This means that the defendant failed to provide care that was on par with what a reasonably careful peer would have done. Some common examples of malpractice include:
A: A medical malpractice lawyer can help with the details of your case, but you should sue for malpractice anytime that a negligent action in the medical field has resulted in an injury for which you suffered costs, economic and/or psychological.
However, there is a time limit to when you can file a claim. The statute of limitations on medical malpractice is two years. There is an exception if the injury was discovered later. In those cases, you have up to a year after the injury to file. There is a limit to that, though, which is a hard cap of three years from the negligent action in question, with a few very narrow exceptions. It’s essential to act quickly in cases of medical malpractice. Don’t wait in contacting us so we can begin investigating your case.
A: There are two kinds of caps on damages in medical malpractice claims in Colorado:
It’s worth noting that damage caps in other states have been successfully challenged on constitutional grounds. However, the Colorado caps have not been challenged to that level yet.
A medical malpractice claim can seem intimidating at first. It’s not easy to go up against a big medical institution and the insurance companies. What you need is a legal team with experience and knowledge that can represent you. At Cheney Galluzzi & Howard, we are prepared to fight for you. We can investigate your case and identify the responsible parties. Our skilled team can negotiate on your behalf and, if necessary, argue your case in court. Contact us today to schedule a consultation.