Broomfield Medical Malpractice Attorney

Broomfield Medical Malpractice Lawyer

We put a lot of trust in doctors, nurses, and medical institutions when we come to them for medical help. We understand that medicine doesn’t have a cure or treatment for everything, but we expect to receive care that’s consistent with modern medical standards. Unfortunately, that doesn’t always happen. The consequences of inadequate or improper care in Broomfield, CO can be serious. Greater injury, more pain, and even death are possible outcomes. We understand that money won’t solve everything if you’re a victim of medical malpractice, but you do deserve whatever comfort it might be able to bring. At the very least, you deserve to not have to worry about the financial burden that a medical provider’s malpractice has thrust upon you. The law does afford victims of medical malpractice the opportunity to recoup compensation for what they’ve undergone. At Cheney Galluzzi & Howard, we can help you in your effort to get what you’re owed.

Medical Malpractice

Medical malpractice is a type of personal injury, typically one that occurs because of the negligence of a healthcare professional or institution. Some common types of malpractice include:

• Misdiagnosis
• Failure to order the correct test
• Failure to correctly read tests
• Surgical errors
• Surgical equipment left in patients
• Not obtaining information consent
• Giving unnecessary treatment

Proving Medical Malpractice

Proving medical malpractice requires proof that:

• There was negligence on behalf of the defendant.
• The negligence directly led to further injury.
• The injury created the costs, which an award for damages is meant to cover.

Proving negligence in medical malpractice means proving that the care you were given did not live up to a “standard of care.” This simply means that your treatment was not in line with what a reasonable medical team would have done in the same circumstances. This issue is argued in court through expert witness testimony, with the judge listening and deciding if the defendant acted negligently.

Defendants in Medical Malpractice

The defendant in a medical malpractice claim depends on where the negligence occurred. Some possible defendants include:

• Doctors
• Nurses
• Hospitals
• Medical device producers
• Testing laboratories

When we investigate your case, we can give you an idea of which parties you may have a claim against.

Medical Negligence Damages

If you prove that negligence led to an injury for which you incurred costs, then you may be awarded damages to cover those costs. You could be awarded damages in up to 3 categories of damages:

• Economic Damages – These are things like medical bills and lost wages due to malpractice. Anything that is quantifiable and can be linked to the injuries sustained from malpractice is eligible to be addressed in this category.
• Non-Economic Damages – These damages try to place a monetary value on things that are fundamentally unquantifiable. For example, if an injury causes problems like pain and suffering or mental anguish, then the judge can place a monetary value on those things, which the defendant must pay.
• Punitive Damages – If the judge feels that the defendant acted with malicious intent or some other wrongdoing, they may add punitive damages to the final judgment. These act as a deterrent to keep the offender and others from behaving the same in the future.

Medical Injury Lawyer FAQs

Q: How Long Do You Have to Sue for Medical Malpractice in Colorado?

A: The statute of limitations for medical malpractice is two years, or within two years of discovering the injury. However, there is also what is known as a statute of repose, which says that a medical malpractice claim can never be brought after 3 years, except in certain cases, including when:

• There was purposeful concealment of the alleged negligence by the defendant.
• The alleged malpractice involved the defendant leaving behind a foreign object in the plaintiff’s body after surgery.
• The injured is a minor or legally incompetent, and the injury and cause weren’t known and couldn’t reasonably have been discovered earlier

Q: What Is ‘Standard of Care?’

A: Standard of care is a concept that is crucial to proving negligence in a medical malpractice case. There is no official medical definition for the standard of care. Legally, the concept is determined by what is reasonable in a given circumstance. Therefore, in the case of medical malpractice, a sign that there was a violation of the standard of care would be the failure of a healthcare professional to act as a reasonable medical professional would have.

Q: What Damages Are Awarded in Medical Malpractice Cases?

A: Medical malpractice is a kind of personal injury, and plaintiffs are eligible to receive the same categories of damages as any personal injury case, which are:

• Economic damages cover quantifiable costs like medical bills and lost wages.
• Non-economic damages cover things like pain and suffering.
• Punitive damages are meant to punish and deter if the judge believes that there was something malicious or intentional about the defendant’s actions.

Q: Is There a Cap on Medical Malpractice Damages in Colorado?

A: There are two kinds of caps that can affect the damages in a medical malpractice case. The first is a $1 million ‘umbrella’ cap for economic and non-economic damages combined. However, that cap may be lifted in some circumstances if it can be demonstrated that economic losses can be shown to warrant it. If it is lifted, it would typically be to cover something like lost future earnings and future medical costs. The second kind of cap is a hard cap of $300,000 on non-economic damages. It should be noted that the constitutionality of absolute caps on damages has yet to be challenged in Colorado. However, it has been successfully challenged in other states.

Let Cheney Galluzzi & Howard Help You Hold Those Responsible Accountable

It’s important that we hold our medical institutions accountable when they make an error resulting in injury. This accountability often leads to systemic changes that are aimed at avoiding those same errors in the future. You are owed damages because of their error. It’s their duty to make you whole. They don’t want to pay you, but we can help you ensure that they do. Hopefully, it will also trigger changes that prevent others from having to suffer as you have. If you’re ready to let us take a look at your case, contact us today.