Medical malpractice law is a specific area of personal injury law that pertains to injuries caused by medical professionals. Thousands of people in Thornton and surrounding areas of Colorado trust their doctors, nurses, and other medical practitioners to provide safe and effective treatment. While most uphold their professional duties, provide the highest level of care to their patients, and give each patient as much individual attention as possible, malpractice does occur in many ways throughout the state each year.
If you have been harmed by the actions of a medical professional, a Thornton medical malpractice attorney can help determine whether you have grounds for legal action against them. A medical malpractice claim may be a type of personal injury claim, but there are special rules that apply to these cases, and they are generally more challenging to resolve than other civil claims for damages. The attorneys at Cheney Galluzzi & Howard have years of professional experience with medical malpractice suits and other personal injury cases, and we are ready to leverage this experience for you as you seek compensation for your damages.
The central theme for virtually every medical malpractice case filed in the state is the standard of care. This is a legal term that defines the level of medical intervention a patient requires for their specific diagnosis. The medical community reaches a consensus on every known illness and injury, determining the appropriate level of treatment a patient requires based on their symptoms. Medical professionals may not deviate from the standard of care unless the generally accepted course of treatment would be ineffective for the client due to their individual medical details.
Medical malpractice occurs whenever a doctor or other medical professional fails to meet their patient’s standard of care, meaning they intentionally acted outside the scope of their patient’s standard of care and harmed the patient. While negligence can produce malpractice, there is a distinction between medical negligence and medical malpractice that your attorney can explain if any such discrepancies arise in your case. Negligence must be the cause of the patient’s injury for the incident to qualify as malpractice.
A few of the most commonly filed types of medical malpractice claims are:
These are only a few examples, and your Thornton medical malpractice attorney can be an invaluable asset for determining the full extent of your options for legal recourse after experiencing any such injury.
A successful medical malpractice claim could yield compensation for any corrective medical treatment you required after the injury, compensation for the income you were unable to earn due to the defendant’s actions and the recovery time you required, and limited compensation for the pain and suffering you experienced. When you choose Cheney Galluzzi & Howard to represent your medical malpractice claim, our goal is to help maximize your recovery in the most efficient manner possible. You have a limited time in which to file your case, so it is vital that you reach out to trustworthy legal counsel as soon as possible.
A: If you have been injured while under the care of a doctor or other medical professional, it is natural to wonder whether you have any grounds to pursue legal recourse against them in response to your injury. You would have grounds for a medical malpractice claim if the doctor failed to meet the standard of care you required for your condition. Consult a Thornton medical malpractice attorney if you are unsure whether your situation constitutes the foundation of a medical malpractice suit.
A: Proving liability for medical malpractice requires clear evidence that the defendant failed to meet the standard of care you required for your diagnosis. As part of the claim filing process, you will need to obtain a certificate of review from a medical professional who holds the same board certifications as the defendant in your case. This is a sworn statement explaining how the defendant failed to meet the standard of care you required.
A: While a medical malpractice claim is technically a type of personal injury case, there are special rules that apply to these claims, including those pertaining to the compensation available to a plaintiff. There are two damage caps that apply to Colorado medical malpractice cases: a $300,000 cap on non-economic damages, specifically the plaintiff’s pain and suffering, and a $1 million total damages cap. However, it is possible for a plaintiff to exceed this amount based on the severity of their economic damages.
A: Although it is technically possible to file a medical malpractice suit without hiring legal counsel, it would be incredibly difficult for the average person. Managing your case proceedings and the filing requirements of the case while also struggling with your medical issues would be very challenging. Even if you managed to succeed, you would be unlikely to reach the same quality of results that an experienced attorney could secure for you.
A: The attorneys at Cheney Galluzzi & Howard accept medical malpractice cases and other personal injury claims on a contingency fee basis. This means you are not forced to pay upfront or ongoing attorneys’ fees for our representation. Instead, we take a percentage of your final case award as our fee, but only after we win your case. If our firm is unable to secure compensation for you, you pay nothing, so there is no economic risk to you by choosing our firm to represent you.
A medical malpractice case is a particularly challenging type of personal injury case that demands the attention of an experienced attorney. Whether you are seeking legal recourse on your own behalf or on behalf of a loved one, we can help. Contact Cheney Galluzzi & Howard today to schedule a free consultation with an experienced Thornton medical malpractice attorney and start building your case with confidence.