Many people living in the Fort Collins area trust all types of medical professionals to provide safe, effective care for a wide range of illnesses, injuries, and medical conditions. All medical professionals in Colorado and across the United States have a duty to meet the standard of care that every patient requires and to do no harm. Unfortunately, not all medical professionals fulfill their duties to their patients, and some cause devastating injuries.
Medical malpractice happens when a medical professional fails to provide the standard of care that a patient requires for their medical condition. The medical community decides the standard of care for a diagnosis based on the latest research findings and clinical data, and a medical professional may only take alternative action when a patient’s unique medical issues prevent the typical course of treatment from being safe and/or effective.
A medical malpractice suit is a form of personal injury claim, but there are unique laws that apply to medical malpractice cases that you must understand if you intend to pursue this type of case. The team at Cheney, Galluzzi & Howard has the resources, skills, and experience you want on your side for this type of case, and the sooner you connect with our team, the sooner we can start building a comprehensive medical malpractice claim on your behalf.
Similar to filing any other type of personal injury claim, you must meet the statute of limitations or time limit for filing your case; otherwise, you could lose your chance to secure compensation from the defendant who injured you. Additionally, medical malpractice cases in Colorado often require certificates of review. If you plan to file a medical malpractice case in Fort Collins, your attorney can help you secure the certificate of review that you will need to submit to the defendant.
The certificate of review is a sworn statement that explains how the defendant violated the standard of care that the plaintiff required in the situation. This certificate needs to be completed by a medical professional who holds similar credentials and experience to the defendant. This means that if the defendant holds specific medical board certifications, the party signing the certificate of review needs to hold those same certifications.
This certificate of review needs to be sent to the defendant no later than 60 days following the submission of the plaintiff’s claim. The plaintiff will also need to show proof of the damages that the defendant caused.
Medical malpractice occurs in various ways, such as:
These are a few ways medical malpractice could happen in Fort Collins. Once you determine the nature and cause of the medical malpractice you experienced, your Fort Collins medical malpractice attorney can assist you in building your case.
Colorado law limits how much compensation the plaintiff of a medical malpractice claim can recover from a defendant. While these limitations may seem unfair, especially in light of life-changing injuries that cause permanent disability, the right attorney can still be invaluable for helping you maximize your recovery as much as the law allows.
Your attorney can help you secure repayment of any additional medical expenses you incurred because of the defendant’s actions. If the harm you suffered stops you from being able to work, you would also be able to claim lost income from the defendant. Additionally, state law allows the plaintiff to seek compensation for the pain and suffering they experienced. However, the amount they can claim is restricted by state law regardless of the severity of their experience.
When you hire Cheney, Galluzzi & Howard to represent your medical malpractice suit in Fort Collins, our goal is to help you maximize the recovery you obtain for your experience and do so within the shortest timeframe possible. Once you hire our firm to handle your case, we will immediately set to work gathering the evidence you need to prove liability and completing the preliminary procedural requirements of your case. We can seek to settle your case quickly if possible, but we are prepared to take your case to court if litigation is required to resolve your claim.
A: You must file your medical malpractice claim within the statute of limitations, which is typically two years from the date your injury occurred. However, some injuries from medical malpractice are not immediately noticeable, and there is an extension to three years that will apply to certain claims. If a defendant concealed their malpractice, if a surgical tool was left inside of a patient’s body, or if any other variables prevented the patient from realizing the malpractice and the resulting harm, the statute of limitations would pause until they discovered the harm.
A: When it comes to the compensation you could secure from a successful medical malpractice case, state law, unfortunately, places limits on both the amount of non-economic damages you can seek from the defendant as well as the total value of your entire claim. You can seek no more than $300,000 in pain and suffering compensation no matter the severity of your injury, and a plaintiff can recover no more than $1 million total for all their claimed damages.
A: Technically, no, there is no law that requires you to hire legal counsel for a medical malpractice suit. However, this type of case is far more complex than most other personal injury cases, and you could encounter a host of problems that you will not know how to resolve on your own. Hiring a Fort Collins medical malpractice attorney can mean that you will have legal counsel readily available should you need it, and your legal team can handle your procedural requirements on your behalf so you can focus on recovery.
A: The time your case could require to reach a conclusion depends largely on whether the defendant accepts liability for their actions. If fault is clear and the defendant agrees to settlement negotiations, a good attorney may help you resolve your case within a few weeks. However, if the case proceeds to litigation, it will take much longer to resolve, potentially several months. Additionally, the final outcome will be entirely in the hands of the judge.
A: When you have Cheney, Galluzzi & Howard representing your medical malpractice case in Fort Collins, there is no need to worry about your legal fees overshadowing your recovery. We take these cases on a contingency fee basis. You will only pay a portion of the total compensation we recover on your behalf, but only if we win your case. There is no fee if we are unable to secure compensation for your damages for any reason.
Any injury from medical malpractice has the potential to be a life-changing experience in many ways, and it’s important to have legal counsel you can trust on your side as you seek accountability and compensation for the losses you suffered. Every client has different needs and concerns in their medical malpractice case, and no two plaintiffs will have the same experience in their recovery efforts. However, every plaintiff benefits by choosing legal counsel they can trust to guide them through their case. Contact Cheney, Galluzzi & Howard today to schedule a free consultation with a Fort Collins medical malpractice attorney and start building your case with confidence.