Medical malpractice is a unique area of personal injury law pertaining to claims against medical professionals. While there is a degree of risk involved with virtually every medical procedure, there is a difference between an unavoidable injury or honest mistake made in good faith and an injury borne from professional negligence. If you or a loved one suffered an injury because of the actions of a medical professional in Lone Tree, a medical malpractice attorney can help hold them accountable.
Cheney Galluzzi & Howard has a seasoned team of attorneys ready to guide you through a complex medical malpractice case in Lone Tree. While these are technically personal injury cases, they involve specific rules and procedural requirements that do not apply to most other civil claims for damages. Success with your case will mean meeting these rules and requirements to the letter, and the right attorney is the ideal asset for accomplishing this as swiftly as possible.
It’s possible for medical malpractice to occur in various ways, including:
These are just a few examples of how medical malpractice might happen in Lone Tree, and success with your claim will require proving that the defendant failed to meet the standard of care that you required for your diagnosis. There is a standard of care for every known ailment, and medical professionals can face liability for medical malpractice if they intentionally violate the standard of care or if they fail to meet their patient’s standard of care through negligence.
Your Lone Tree medical malpractice attorney can assist you with filing your claim, including securing a certificate of review from a qualified medical professional. This is a sworn statement explaining how the defendant violated the standard of care, and it must come from a medical professional who holds the same or greater board certifications as the defendant. This certificate must be sent to the defendant within 60 days of filing the case.
Unfortunately, state law imposes certain limits on the compensation a plaintiff may receive from a successful medical malpractice case. However, the right attorney can help their client maximize their recovery as fully as state law allows. When you choose Cheney Galluzzi & Howard as your legal counsel, we will do everything we can to streamline your case proceedings and help you recover as much compensation as the law allows for your damages. The sooner you reach out to our team, the sooner we can begin handling your case.
A: Success with a medical malpractice claim requires showing that a formal doctor-patient relationship existed between you and the defendant and that the defendant violated the standard of care that applied to your situation. Your Lone Tree medical malpractice attorney can help gather any evidence needed to firmly prove liability, including a certificate of review from a medical professional who holds similar credentials to the defendant in your case.
A: The statute of limitations for medical malpractice claims begins on the date an injury occurs or the date when the victim discovered the harm done by the defendant and extends for two years. However, there is an overarching three-year statute of limitations that applies even if the victim discovers harm after the fact. If the defendant concealed their actions through any type of fraud, then this statute would not apply.
A: The plaintiff in a medical malpractice case has the right to claim full repayment of all medical expenses they incurred for treatment of the injury the defendant caused, the income they were unable to earn during their recovery period, and limited compensation for the pain and suffering they experienced. Your Lone Tree medical malpractice attorney can help identify the various forms of compensation you can include in your claim.
A: Unfortunately, state law limits plaintiff compensation in medical malpractice claims in two ways. First, there is a $300,000 cap on non-economic damages, meaning this is the most the plaintiff can receive for their pain and suffering. Second, there is a cap on total damages of $1 million, including economic and non-economic damages. If the plaintiff can prove their total economic damages exceed this cap, then a judge may waive it.
A: Many people mistakenly believe legal counsel to be prohibitively expensive, but the team at Cheney Galluzzi & Howard can represent your medical malpractice claim under a contingency fee agreement. With this billing policy, you will only pay a legal fee after we win your case, and you owe nothing if we are unable to secure compensation for you. Additionally, your fee is a percentage of the total recovered from the defendant, so there is no risk of paying more in legal fees than you win from your case.
The attorneys at Cheney Galluzzi & Howard can work closely with you through every step of your case, from gathering the evidence you need to prove that the defendant violated your standard of care to meet all the procedural requirements of the claim. Our firm has years of professional experience representing medical malpractice cases for clients in Lone Tree and surrounding communities, and we’re ready to put this experience to work in your case. Contact us today and make an appointment for a free consultation with an experienced Lone Tree medical malpractice attorney to find out how our firm can assist you with your recovery efforts.