Medical Malpractice

Colorado Medical Malpractice Attorneys

Medical malpractice is an extremely complicated area of law that raises many complex and intellectually difficult legal and medical issues. Due to the complexity and heavy reliance upon medical experts, the cost involved in bringing a successful medical malpractice suit is very high. VanMeveren Law Group has the financial and human resources it takes to pursue success.

High cost to the firm does not mean high cost to clients:

• We offer free initial consultations.
• We represent you on a contingency fee basis, so you pay no legal fee unless we successfully resolve your claim at trial or in settlement.

To learn more, click on the links below

What is Medical Malpractice
Frequently Asked Medical Malpractice Questions

What is Medical Malpractice?

The term "medical malpractice" means that a physician or health care provider--a doctor, nurse, dentist, technician, hospital, or hospital worker-- has failed to do something that should have been done or has done something that should not have been done, resulting in injury or death. Most medical malpractice cases are based on the concept of negligence -- that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. These "standards of care" are defined as what a reasonably competent physician, surgeon, or health care practitioner is required to do under the circumstances involving the diagnosis or treatment of a patient. The prescribed standard of medical care varies from state to state.

Health care providers cannot guarantee the results of medical treatment. Because a poor outcome is not always the result of malpractice, it is sometimes not appropriate to file a lawsuit. Medical malpractice, when it does occur, can have various results.

Types of Medical Malpractice

Injuries During Pregnancy and Childbirth

A malpractice claim may be proper when an obstetrician fails to properly perform the proper laboratory tests, including diagnosing RH-negative patients, a blood test or amniocentesis which would diagnosis possible defects in the unborn child or protect the mother from injury.

Medical care professionals handle most births and deliveries appropriately; however, medical negligence can occur. Sometimes physicians, midwives or obstetrical nurses fail to diagnose or properly treat various conditions that arise during pregnancy. For example, placenta previa occurs if the placenta, which nourishes the fetus during pregnancy, attaches to the inside of the womb in a way that prohibits the baby from being delivered properly. If it is not diagnosed, significant blood loss can occur, which may result in the injury or death of the baby and/or mother.

A protracted labor and delivery process, despite signs and symptoms or fetal distress, can result in birth injuries. If a necessary cesarean section delivery is delayed, the lack of oxygen reaching the child may result in injury or death. Deprivation of oxygen any time during the labor and/or delivery process can result in permanent serious injury. The emotional and financial cost to a victim of malpractice during childbirth can be catastrophic.

Misdiagnosis

A medical provider's failure to diagnose a patient's condition may give rise to a valid medical malpractice claim. Misdiagnosis often occurs when a provider fails to run certain diagnostic tests or fails to diagnose a condition in a timely manner.

Prescription Drug Errors

The courts treat malpractice committed by a pharmacist in the same manner as medical malpractice. If a pharmacist or pharmacy technician fails to treat a patient with a reasonable degree of skill and care. If the patient is injured, then the pharmacist or technician may be liable for medical malpractice. If a patient receives the wrong medication for a condition or the wrong combination of medications and suffers an injury as a result, a claim against either the doctor who prescribed the medication or the pharmacist who filled the prescription may be warranted.

Anesthesia Errors

Injury may occur when anesthesia is improperly given or not given in a timely manner to a patient. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable. Most doctors and hospitals carry malpractice insurance and some states even require that they contribute to a state patients' compensation fund.

Nursing Home Injuries

Injuries suffered by nursing home residents may give rise to a valid medical malpractice claim. Health care providers include the professionals and staff of nursing homes. If these providers fail to provide appropriate care and treatment, they may be liable for any resulting damages. Nurses and other staff of a nursing home may also be liable for abusing or neglecting a patient. Abuse and neglect claims include those where the patient has developed bedsores or has been inappropriately restrained.

Nuclear Medicine (CAT Scans and MRIs) Misinterpretations

CAT (computer axial tomography) scans and MRI's (magnetic resonance imaging) save thousands of lives each year by detecting problems in their earliest stages and in cases of emergency where the diagnosis could mean life or death to a patient. Scans can detect internal bleeding, spinal cord and brain injuries. Patient injuries arise when failures to read the scans appropriately cause an illness or injury to progress untreated.

Injuries Caused by Medical Malpractice

Inappropriate medical treatment may result in the following injuries:

• Birth Injuries
• Birth Trauma
• Cerebral Palsy
• Mental Retardation
• Skull Fracture
• Development Delay
• Erb's Palsy
• Paralysis
• Quadriplegia
• Late Cancer Diagnosis
• Infertility
• Reduced Usage of the Arms and Legs
• Loss of Sight
• Loss of Hearing
• Wrongful Death

If you, a loved one or a friend has been injured while undergoing medical treatment, you may have a valid claim against a health care provider for medical malpractice.

Elements of a Medical Malpractice Case

Statute of Limitations

Because medical malpractice claims are time-limited, it is important to contact an attorney to discuss your claim immediately. The law referred to as the statute of limitations requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. If you do not file suit within this time frame, you cannot file suit at all. Because you can completely waive your right to bring a lawsuit, it is important to consult an attorney as early as possible.

Prevailing in a Medical Malpractice Case

To prevail in a medical malpractice case, the injured party must prove:

1. The health care provider breached standards of care by failing to act as would be expected of a reasonably competent practitioner in the same or similar circumstances.
2. The health care provider's breach of standards of care proximately caused injury or damage to the patient.
3. To prevail in a medical malpractice case, both of the above elements must be proven. The failure to establish one of the elements will prevent the successful outcome of a medical malpractice suit.

Proving a Medical Malpractice Case

To establish that medical malpractice has occurred the injured party must present expert testimony to verify the claims of negligence and damages. Generally, law firms that concentrate their practice in medical malpractice have the expertise to locate expert witnesses with the qualifications and court presence necessary to maximize recovery.

Frequently Asked Medical Malpractice Questions

1. What is medical malpractice?

If a medical provider makes an error that results in injury to you, you may be able to sue the provider to compensate you for injuries. The underlying basis for a medical malpractice claim is that your injury is the result of treatment that fell below the accepted standards of medical care for that particular field of professional expertise.

2. What are the standards of medical care?

Standards of care are the legal guidelines used to determine whether health care providers are negligent. If a health care provider has failed to act in a manner as would be expected of a reasonably competent practitioner in the same or similar circumstances, then that health care provider has breached the standards of care and is negligent.

3. Is every medical injury or death considered malpractice?

No. There are various situations where an unfortunate outcome or injury - even death - is not the result of malpractice. In these situations, the bad outcome may have been caused by unknown reasons or by known risks and complications that were not the product of negligence.

4. Does signing a consent form waive my rights to file a lawsuit?

Signing a consent form does not waive your rights. Additionally, the consent form may not contain all of the relevant information that it should, or it may have been signed without adequate explanation. Even if you signed a consent form, you did not consent to substandard medical care. A doctor's failure to meet the acceptable standard of care is not the same as consenting to the normal risks of a procedure.

5. What if I really like my doctor and trust him, but something went wrong?

Many patients enjoy a good, trusting relationship with their health care providers. Despite good relationships, medical mistakes do occur and people are unnecessarily injured. If you have been injured during the course of medical treatment, you owe it to yourself and your family to pursue the matter and determine whether filing a medical malpractice suite is appropriate, regardless of your relationship with your health care provider. Virtually every health care provider has professional liability insurance to cover medical malpractice claims.

6. What damages are available in a medical malpractice action?

Medical malpractice victims can sue for all of the direct consequences of the injuries arising from the medical treatment at issue. These damages include actual economic losses such as the costs of reasonable and necessary medical care, rehabilitative services, costs of domestic services, and loss of earnings. The law allows compensation for future medical care and expenses that you can prove will be reasonably necessary to treat the injury caused by the malpractice. Your claim may include income you can prove will probably be lost in the future because of the injuries. Loss of earning capacity is also allowed when you can prove you are less able to earn a living as a result of the injuries caused by the malpractice.

You may also be entitled to non-economic damages for physical pain and suffering, mental and emotional suffering, physical impairment, inconvenience, disfigurement, loss of enjoyment of life and/or loss of consortium (disruption of your personal relationship with your spouse). There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence.

Damages may be awarded to your family for loss of care, companionship, love and affection. If it is a loved one who has died as a result of medical malpractice, you as a family member may be compensated for their wrongful death. Wrongful death damages may include medical and burial expenses, loss of income that would have supported the family members, emotional suffering, and loss of the pleasures of the family relationship.

Punitive damages are intended to punish a defendant and deter others from similar conduct. In order to recover punitive damages, you must show actual malice by the health care provider. This means that you must show, by clear and convincing evidence, that the health care provider's conduct was motivated by evil motive, intent to injure, ill will, or fraud. Punitive damages are relatively rare in medical malpractice actions.

9. How can I figure out how much my case is worth?

Many different things affect the damages amount in a medical malpractice case. And although we cannot promise that we will obtain money for you, our experience allows us to make good estimates of what a judge or jury might award. Many elements are factored into damages estimates including:

• The severity of the injury
• The effects of the injury on your life
• The degree of negligence of the health care provider
• Past medical history
• Pre-existing injuries
• Future medical care and related needs
• Future wage loss/lost earning capacity

The greater the difference between your quality of life before the negligent injury as compared to after the accident, the higher your damages can be.

10. Will my case go to trial?

Most cases are settled prior to trial or are resolved more quickly and cost-effectively through alternative dispute resolution, like mediation and arbitration. Generally, only the highly disputed cases end up being tried before a jury or judge. Today, many cases are resolved through other forms of dispute resolution such as mediation and arbitration. Our extensive experience allows particular foresight in determining what process will be the most advantageousto you. Whatever the case, we always discuss all available options with you.

11. How long will it take to complete my case?

Each case is different. Delays can be caused by a variety of factors:

• Crowded court dockets
• Difficulty in obtaining medical documentation, radiology films and/or pathology specimens
• Difficulty in locating defendants and fact witnesses

These and other factors play a part in how quickly a case can be resolved. Taking a case to trial, in general, takes a long time. Settlement, mediation or arbitration may significantly speed up the resolution of a case.

12. Will my case be settled without my approval?

No. We discuss valid settlement offers with you in every instance, and no settlement offer will be accepted without your approval.

13. How do I know if a settlement amount is fair?

Your attorney will make recommendations to you and try to clearly explain the reasons for the recommendations. Because each attorney has extensive experience in settling cases and is familiar with what juries and judges generally award in similar cases, the recommendations can be trusted.

14. How much will it cost me to file a lawsuit?

After determining that a case has merit, we take the case on a contingency basis. You pay no legal fee or expenses unless the firm has successfully resolved your claim at trial or through settlement.

VanMeveren Law Group, P.C.
2038 Caribou Drive #101
Fort Collins, CO 80525

Serving Northern Colorado, Wyoming, Fort Collins, Denver, Loveland, Greeley, and Laramie.  These areas include Colorado State University, University of Northern Colorado, University of Colorado, and University of Wyoming.

Phone: (970) 495-9741 -  Fax: (970) 495-6854 -  Toll Free: (877) 495-9741