When we get sick, we trust medical professionals to care for us. Doctors, nurses, pharmacists, and anesthesiologists all work to heal those who need it. Although most medical industry workers act honorably and respect their patients, unfortunately, others do not.
Medical malpractice is more common than many people realize. When a person is in a position of power over someone’s health, there is a possibility that the power will be misused. Neglect, oversight, and malice can all have an incredible impact on a patient’s health.
If you have suffered at the hands of a healthcare professional, establishment, or system, you have options. With the help of a qualified attorney, you can file a malpractice claim to earn compensation and justice for what you have endured. Our team at Cheney Galluzzi & Howard provides comprehensive medical malpractice support in Denver, Colorado.
Our team has been fighting medical malpractice claims for many years. If you have been neglected in a hospital, or have suffered because a doctor failed to diagnose your illness, we have the experience to build a compelling claim in your favor. We strongly believe that medical care should be reliable, safe, and available to everyone. If you have been hurt by the system that is supposed to protect you, you deserve to take action.
We are passionate about these cases. Our firm can fight tenaciously in medical malpractice claims to earn proper compensation for our clients. No other injury attorneys can work harder for your rights than our team at Cheney Galluzzi & Howard. Simultaneously, we can work to make sure that you always feel comfortable and supported. These topics can be sensitive, and we respect your vulnerability during this time.
Do not wait to hire a medical malpractice or injury lawyer for your case. Our team is ready to help.
The law considers medical malpractice to be a type of personal injury claim. In these claims, an individual may take legal action against a medical professional who has harmed them through negligence or abuse. These claims allow a victim to claim compensation for what they have been through, including:
To have a valid medical malpractice case, the medical professional must have neglected their job duties or obligation to provide care. This manifests in many different scenarios, including:
This is not an exhaustive list of examples of medical malpractice. There are many other ways that a medical malpractice case can arise.
Medical negligence and abuse are serious matters. Failing to provide proper care to patients is a serious breach of trust that needs to be rectified. You deserve compensation that helps you recover from what happened to you.
Fighting your case alone may be appealing if you wish to save money. However, many people who represent themselves end up losing their opportunity to obtain some or all the compensation they deserve. Medical establishments like hospitals, pharmacies, and insurance companies all have highly trained attorneys. Their sole focus is defending medical industry employees from these claims. If you fight your case yourself, it is likely that you will get a smaller settlement, if you are able to earn one at all.
It is also possible that your case will proceed while you are still healing from the incident. In cases of serious infractions, patients need rehabilitation, additional surgery, and other medical care. It is difficult to build and argue your own case in court while navigating the aftermath of medical malpractice. For your health and safety, it is more effective to rest and focus on your healing while a qualified attorney builds your claim.
Medical malpractice can occur anywhere that a medical professional offers standard care to patients. This includes:
If you are receiving medical care, there is the potential for medical malpractice to occur.
The only exception to this is emergency care. Although EMTs and emergency room workers are held to the same standard as all other medical professionals, you may not sue an individual for medical malpractice if they stepped in during an emergency while off the clock.
For example, you have a medical emergency while in the grocery store. An off-duty doctor happens to be there and is able to help. In this situation, you cannot file a medical malpractice case against them if something goes wrong. They cannot be expected to offer a proper standard of care when not on duty and without the correct equipment and facilities.
As with all personal injury claims, you and your attorney must prove that the medical professional acted negligently to cause the accident. Accidents and injuries that occur because of a mistake or poor circumstances do not warrant a medical malpractice claim.
Proving that negligence has occurred can be difficult. Your attorney can help you determine what pieces of evidence are necessary for your claim. Options may include:
There may be additional pieces of evidence that are relevant to your claim. Having an attorney on your side helps ensure that you consider all pieces of information for your case.
Many people feel confused by the false diagnosis or misdiagnosis area of medical malpractice. Some believe that they can get compensation if they do not like the diagnosis that they get from a medical professional. This is untrue.
Medical professionals are obligated to perform certain tests if a patient presents with symptoms. Sometimes, they fail to run these tests, or they dismiss a patient’s concerns. If the patient ultimately has a medical condition, they can be held responsible.
For example, if you have a fever, chills, fatigue, and sinus congestion, most medical professionals could diagnose you with the flu. If a medical professional fails to make a diagnosis despite clear evidence of a condition, they are neglecting their duty to their patient. When that happens, they can face a medical malpractice claim.
Conversely, a patient may sue for medical malpractice if a doctor diagnoses a condition without proper evidence. For example, if you arrive at the doctor’s office with ankle pain, and your doctor puts you on antidepressants, you may have grounds for a legal claim. Your ankle pain is not indicative of depression, and the doctor lacked a sufficient reason to prescribe that medication.
Correctly diagnosing a medical condition is complicated. It is rarely as simple as the examples above. Generally, however, a medical professional may be charged with medical malpractice if other professionals with a similar level of education, training, and experience would have been able to make the correct diagnosis. Many of these claims must compare the alleged offender with others in their field.
Although your first instinct may be to contact your insurance company when you suffer an injury, it is actually not prudent to do so. Disclosing your situation to an insurance adjuster may jeopardize your ability to file a medical malpractice claim. Even if you believe that you are only relaying the situation to your insurance company, they may use the information to excuse themselves from the responsibility to pay for the situation. They may also twist your statement to avoid paying for any treatment.
Although this is not always the case, it is still safest for you to contact your attorney before speaking with any insurance companies. We can help you communicate with relevant parties without jeopardizing your claim.
When you search for a medical malpractice attorney, it is of the utmost importance that you find someone who can meet your needs. These cases are very serious and often put clients in a vulnerable position.
Because of this, it is to your benefit to find an attorney with whom you feel comfortable. You will need to discuss the details of what occurred, which can be difficult or traumatic in some situations. The right attorney will put you at ease and minimize your discomfort during consultations.
Experience is also very important in medical malpractice claims. The attorneys who work for doctors, hospitals, clinics, and other medical establishments are highly trained in their field. If you do not have an experienced and confident lawyer on your side to fight for your perspective, they will be able to discredit your claim with ease.
Many personal injury attorneys do not have experience in medical malpractice. Therefore, it is essential that you look for someone with specific training in these cases.
A: A medical malpractice attorney is a type of personal injury lawyer. They help victims of medical malpractice obtain compensation for their suffering. Your lawyer can work to collect evidence and testimonials. They can use these to build a case that shows that the offender acted negligently and that you suffered as a result. Although this sounds straightforward, it requires a lot of work and training to properly build a compelling medical malpractice prosecution claim. Our attorneys have the knowledge and experience to help you with your claim.
A: Finding an attorney for a medical malpractice case can be difficult. The most important consideration should be the attorney’s direct experience. The person you hire should have experience with cases like yours, especially if you have a complicated claim. You should also find someone with whom you feel comfortable sharing your story. Medical mistreatment puts victims in a vulnerable position. It is important that you can speak freely with your attorney about what happened and your experiences.
A: The first step to pressing charges for medical malpractice is to find a qualified attorney. We can help you determine the validity of your claim, file the charges, and collect evidence. Do not speak with insurance companies or alert anyone of your intention to sue before speaking with an attorney. Doing so may jeopardize your claim or make it difficult for you to properly win the settlement that you deserve. Call an attorney from Cheney Galluzzi & Howard right away.
A: The statute of limitations to file a medical malpractice claim in Colorado is two years. However, it is important that you take action before this period ends. The longer you wait, the more likely it is that evidence will be lost. You may lose the opportunity to seek a second opinion, which is vital for many malpractice claims. It is important to take action as soon as possible. When you believe you have a case, call an attorney from Cheney Galluzzi & Howard.
Our team does not waste any time fighting for our clients in medical malpractice claims. We are passionate about personal injury justice. We work to ensure that all medical professionals are held to the highest possible standards. No one should have to suffer because a medical professional chose to be negligent or behaved below their training or knowledge in their field. Although many firms do not take these cases, we are eager to fight for our clients with medical malpractice claims to obtain justice.
For more information about how we can help you in your situation, or to schedule a consultation with us, please contact Cheney Galluzzi & Howard today.