Mintz Law Firm
We look to our physicians with trust and respect, so it can be traumatic when medical malpractice cases arise. Being mistreated by someone you trust can cause a tremendous amount of emotional and psychological pain. It may also result in severe and even life-threatening consequences that will forever change the lives of a victim and their loved ones.
Because most medical providers require that plaintiffs file a lawsuit in situations like these, it is essential to have a lawyer with experience in the area of medical malpractice on your side. The Denver medical malpractice attorneys at Mintz Law Firm will fight to hold those responsible for your injuries accountable for your suffering and losses.
What Is Medical Malpractice?
We expect a hospital, doctor, and other healthcare professionals to provide us with a certain standard of care. While they are not responsible for all the harm a patient experiences, a health care provider might be liable if the care they provided resulted in further harm or injury.
There are several factors that a Lakewood medical malpractice attorney must prove in these cases. They are:
- Failure to provide a proper standard of care: The law requires that all healthcare professionals adhere to specific standards when caring for patients. When they fail to follow these standards, they may be acting negligently.
- Injury resulted from failing to follow procedures: An attorney must prove that your injuries or further harm were a direct result of the nurse, doctor, or hospital staff not following proper procedures. A medical malpractice attorney must also show that the injuries would not have happened without the negligence occurring.
- The injury has damaging consequences: The victim must also show that the injury or further harm resulted in considerable damage. Examples may include suffering, enduring hardship, a considerable loss of income, or disability.
Remember, dissatisfaction with a treatment’s outcome does not constitute medical malpractice. It is only malpractice when there is negligence that causes harm or injury.
Examples of Medical Malpractice
Medical practice is one of the top causes of death in the country. John Hopkins University researchers conducted a study and found that more than 250,000 deaths occur each year because of medical errors. What’s more troubling is that there are endless ways medical malpractice can occur. Some of the most common examples of medical malpractice include:
While several factors outside of a doctor’s control can contribute to a birthing injury, such as the baby’s size, doctors must minimize the risk as much as possible. The improper use of forceps or failure to perform an emergency C-section can all lead to harm and injury to the mother and baby.
Chiropractors have the same duty of care to their patients as other healthcare professionals do. Negligence that may lead to injury includes failing to refer a patient to a specialist, not obtaining a patient’s consent or improper body manipulation.
Dozens of things can go wrong when patients undergo surgery, and it is the surgeon’s responsibility to ensure that the procedure goes smoothly. However, anesthesia errors, surgical equipment left in a patient, and operation on the wrong body part are more common than you might think.
Doctors must take the proper steps when diagnosing and treating patients. If a misdiagnosis results from a doctor failing to refer the patient to a specialist, misinterpreting test results, or failing to order specific tests, a patient may have a claim.
Medication mistakes can impact patients of all ages and medical conditions. Examples of errors that can cause further harm or death include prescribing the wrong medication or dose and giving medication to the wrong patient.
Determining Liability in Colorado Medical Malpractice Cases
It is not uncommon for there to be multiple parties responsible for medical malpractice cases in Colorado. In some cases, a whole organization may be liable. For example, a primary care physician may need the help of a radiologist to make a diagnosis, and the radiologist in turn needs the assistance of a lab technician to confirm the diagnosis.
Your medical malpractice attorney can help you determine at which stage a professional made a mistake and who is responsible for it. They can also gather evidence that suggests a different healthcare provider would not have made the same error under similar circumstances.
Is There a Statute of Limitations for Medical Malpractice Cases in Colorado?
While understanding your rights in the middle of a healthcare crisis can be stressful, it is vital to know how long you have to file a claim. You have two years from the malpractice date to file a claim. If you do not file a claim within the allotted time frame, you may lose your chances of obtaining compensation.
However, there might be some exceptions to the time limit, but it is dependent on the situation. For example, if the patient did not discover the malpractice right away because the defendant concealed it, a court might extend the statute of limitations.
Contact an Experienced Lakewood Medical Malpractice Attorney in Colorado Today
If you experienced further harm or injury from a medical professional, contact the Mintz Law Firm. Our experienced Lakewood medical malpractice attorneys are passionate about achieving justice for all of our clients. To schedule a free consultation, call (303) 462-2999 or complete our online contact form.