Medical Malpractice Lawyers in Denver
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The basic elements of a medical malpractice claim are the same as other personal injury claims. A health care professional, such as a doctor or nurse, is held to a professional standard of care. A professional standard is higher than the ordinary standard of care. If this standard of care is not met and an injury occurs, a medical malpractice lawsuit may be appropriate for the victim.
A health care professional can breach his duty of care through either an act or an omission – in other words, he can be sued for something he did or something he didn’t do. A breach can be committed through either carelessness or willful misbehavior. If you think you may have a case, call the Denver medical malpractice attorneys at Zinda Law Group today at 303-800-1501 for a free consultation.
Medical Malpractice Cases
You must show that it is more likely than not that the healthcare professional’s breach of duty caused your injury. This might get complicated if you had a pre-existing injury that was merely aggravated by the defendant’s conduct because you would then need to show which portion of your injury is attributable to the medical practitioner’s breach of duty. To win a medical malpractice lawsuit, you must prove that you suffered damages and you can only recover the amount of damages that you can prove.
You can seek compensation for:
- Medical bills
- Lost work time
- Incidental expenses, such as child care
- Pain and suffering caused by your condition
- Mental anguish, such as depression and anxiety
- Loss of enjoyment of daily activities
Statute of Limitations
The statute of limitations for a medical malpractice claim in Colorado is 2 years after the date that you knew of the malpractice, or the date that you should have known of it though “due diligence”. In certain cases, such as when the health care provider concealed the malpractice or a foreign object was left in your body, the deadline can be extended to as long as 3 years. If you fail to file a lawsuit before the two-year deadline expires, you will be barred from filing a claim.
Limitations on Liability
Colorado law limits the amount you can recover in a medical malpractice lawsuit, because excessive damage awards increase medical costs for everyone. Generally, you are limited to:
- $750,000 for tangible losses such as medical bills and lost work time
- An additional $250,000 for intangible losses such as mental anguish
If your anticipated future medical expenses exceed $750,000, the court can lift this limitation if it would be unjust to do otherwise. Additional punitive damages (in the case of gross negligence or willful misconduct) normally cannot exceed the total of your damages for tangible and intangible losses, although in rare cases you may be entitled to up to 300% of the amount of these damages.
Our Medical Malpractice Attorneys are Here to Help
If you have been injured by a healthcare provider’s negligence or inadequate standard of care, call the Denver medical malpractice attorneys at Zinda Law Group.
We can help you determine if you have a medical malpractice claim and help you attain the maximum compensation for your injuries. As one of our clients, you will pay nothing unless we can win your case.
Our experienced injury lawyers can help you deal with the insurance companies and seek the compensation you deserve. For a free attorney consultation, chat or call our Denver office at 303-800-1501 to discuss the details of your case.
Helpful Tips For Filing a Medical Malpractice Claim
- Contact the doctor before you file the claim
- You need to understand what may have gone wrong and if it can be remedied
- If this does not work, contact the proper medical licensing board
- Know your time frame
- Knowing the statute of limitations for your particular situation is vital
- Check the laws in your state, to ensure that you don’t miss the time frame to file a claim
- Get another opinion
- Contact an expert, or another physician to have them verify that the original doctor’s actions were negligent and resulted in your injuries
- Contact a medical malpractice attorney
- An attorney who specializes in medical malpractice will be able to determine the strength of your case
- An experienced attorney is the key to getting compensated for your injuries