Lakewood Medical Malpractice Lawyer

Lakewood Medical Malpractice Attorney

Patients put a lot of trust in their healthcare providers in Lakewood, CO. Most medical professionals respect that trust and provide care to their highest ability. However, some medical professionals fail to uphold the standard duty of care and harm patients because of negligence or malice. Mistakes can happen in any industry, but mistakes that cause a patient serious harm because a doctor failed to take basic care or precaution are unacceptable.

Medical malpractice can lead to devastating results for patients, including injuries, illness, and other long-lasting health impacts. If you’ve been the victim of medical malpractice and had physical or psychological damage as a result, you have legal options. You can file a claim to get compensation for those damages. This can allow you to take the time you need to heal.

Filing a claim is less stressful when you work with a medical malpractice attorney. These claims and the laws surrounding them are complicated and are hard for even inexperienced attorneys. The skilled attorneys at Cheney Galluzzi & Howard have the experience you need to improve the chances of your claim and aid you along the entire claim process.

Cheney Galluzzi & Howard: Your Medical Malpractice Attorneys in Lakewood

For years, the attorneys at Cheney Galluzzi & Howard have been representing and supporting patients who have been injured and harmed because of negligent healthcare providers. We understand how to draft and supplement a claim to give it its greatest chance of success. We also can represent clients during negotiations or a trial.

When you get healthcare, you trust that your provider will act with your interests in mind and give you a high standard of care. Healthcare professionals who fail to diagnose clear conditions, misdiagnose you, or fail to provide for your basic health requirements and care should be held responsible for their negligence.

At Cheney Galluzzi & Howard, we believe healthcare should protect and care for patients. If a doctor, nurse, other healthcare professional, or healthcare establishment has failed in their duty of care, those who have been harmed deserve compensation. We advocate on behalf of those who have been failed by this system. We understand how difficult and vulnerable this time is for victims of medical malpractice, and we want to ensure you are supported and comfortable. Our team has the necessary experience to help you with your claim.

Understanding a Medical Malpractice Case

A medical malpractice case occurs when a healthcare professional fails to uphold their duty of care to patients and behaves negligently or abuses their power while providing care. The standard of duty of care is determined based on how a professional with their knowledge and training is reasonably expected to perform.

A medical malpractice claim is a type of personal injury claim. Negligence must be a factor in the claim. A provider who made an honest or unavoidable mistake cannot be held liable. If an injury resulted from something outside a provider’s control, this doesn’t warrant a malpractice case. Examples of injuries or harm that could result from negligence include:

• Failing to provide a patient who needs assistance with basic hygiene care
• Operating on the wrong patient
• Operating on the wrong surgical site
• Prescribing or filing a medication incorrectly or at the wrong dosage
• Birth injuries to the parent or child
• Leaving surgical tools in a patient’s body after surgery
• Failing to diagnose a medical condition despite clear symptoms
• Misdiagnosing a condition despite clear evidence against their diagnosis

Proving medical negligence is often based on comparative behavior. Medical professionals of a similar level of experience, knowledge, and training will provide testimony as to how they would have behaved in such a situation. Negligence is easier to prove if these professionals would not have done the same action when upholding a duty of care.

Is It Necessary to Work With a Medical Malpractice Attorney?

Medical malpractice cases are complex and difficult to succeed at. Working with an attorney increases your chances of success and helps you feel confident about approaching the process.

Filing and navigating a claim yourself while you’re attempting to recover from an injury or illness doesn’t allow you to heal as well. It’s stressful and complex, and you will be working against medical establishments, their attorneys, and their significant resources. An attorney who understands malpractice law can take care of drafting and filing a claim, collecting evidence of negligence and harm, and advocating on your behalf in negotiations or in court. You’re more likely to earn the amount of compensation you should get when you work with an experienced attorney.

Damages Available in a Medical Malpractice Claim

A successful claim can provide a victim with compensation for reasons including:

• Medical costs directly related to the injury or illness
• Any future medical costs and complications needed for the injury or illness
• Lost wages and lost earning capacity from time off to heal or inability to return to work
• Loss of consortium as a surviving spouse, if malpractice led to the patient’s death
• Pain and suffering damages in specific situations

To determine what damages you may be awarded in your specific circumstances, talk with a legal professional at Cheney Galluzzi & Howard.

Where Can Medical Malpractice Happen?

Any medical establishment that provides standard medical care from a professional is a place where medical malpractice can occur. This includes places such as:

• Hospitals
• Clinics
• Doctor’s offices
• Emergency rooms
• Pharmacies
• Ambulances
• Nursing homes and long-term care

Medical providers who are on the clock owe you a duty of care. This includes EMTs and emergency room workers who are on the job.

Emergency Situations and Medical Malpractice Validity

There is a type of situation where you cannot file a medical malpractice claim for harm done to you. Off-the-clock providers can’t be held legally liable for damages in emergencies that occur outside of the usual hospital or medical locations. In those situations, the medical professional doesn’t have the necessary setting and is helping as a last resort in an emergency. They can’t be held liable if the person is hurt while the provider is attempting to provide care.

Diagnosis in a Medical Malpractice Claim

Receiving an incorrect diagnosis is a form of medical malpractice, but disliking the diagnosis you received from a healthcare professional does not count as malpractice.

Healthcare providers may fail to listen to a patient’s concerns or not run necessary tests when a patient displays certain symptoms. If the patient is harmed because of that failure to diagnose, this is medical malpractice.

Healthcare providers may also misinterpret symptoms and signs as one condition and misdiagnose the patient. If other professionals would have made the correct diagnosis given the circumstances, this may be medical malpractice.

How Negligence Is Proven in Malpractice Claims

For a successful malpractice claim, there must be medical negligence. Proving negligence can be done with evidence such as:

• Medical documents
• Doctor’s notes
• Expert testimony from other medical providers
• Injury or illness records, including photos and X-rays
• Eyewitness accounts
• Internal communications between the provider and co-workers or bosses
• Communication between the provider and the patient

Your attorney can help determine what evidence will be relevant and useful for your claim.

Medical Personal Injury Law FAQs

Q: As a Patient, How Do I Choose a Good Medical Malpractice Lawyer?

A: The most important aspect of a malpractice attorney is their experience, particularly their experience with cases similar to yours. If your case is particularly complex, you want to ensure the attorney you work with has experience and success with similarly complicated cases. It’s also essential that you feel at ease and comfortable with a medical malpractice attorney. You’re going through a vulnerable and potentially traumatic time, and you want to feel supported by your attorney during the process.

Q: What Does a Medical Malpractice Lawyer Do?

A: A medical malpractice lawyer is a form of personal injury lawyer who defends victims of medical malpractice. They hold hospitals, clinics, pharmacies, and other medical institutions and providers responsible for negligent or malicious behavior that causes harm, injury, and illness to patients. A medical malpractice case is one of the most complex types of personal injury claims.

Q: What Four Things Must Be Proven in a Medical Malpractice Case?

A: For a successful medical malpractice claim, the person filing the claim must prove the following:

1. The healthcare provider or medical facility owed the person a duty of care. If a person is a doctor’s patient, they owe them a duty of care.
2. This duty of care was breached.
3. The patient was injured because of this breach of care.
4. The patient suffered financial or intangible damages as a result.

Q: Why Is It So Hard to Win a Malpractice Case?

A: Medical malpractice cases are complicated, and the most difficult thing to prove in a claim is that the duty of care was breached. Whether the medical professional was behaving negligently or not is often subjective and dependent on what other professionals would do in the same situation. That’s why having an experienced attorney on your side can help.

Let Us at Cheney Galluzzi & Howard Fight for You

When you have been hurt by institutions and professionals meant to care for you, it can be overwhelming and upsetting. You deserve justice. The attorneys at Cheney Galluzzi & Howard have the experience necessary to advocate for your rights. Contact us today.