Medical Malpractice

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If a doctor or health care provider of medicine negligently harms his or her patient, or their standard of care falls below accepted standards, a person has the right to claim damages in the form of a personal injury claim. Sometimes, a health care provider may unintentionally cause a medical error that causes injury or death for his patient. This too may cause a personal injury. Occasionally, medical malpractice can be prosecuted as a criminal act.

Medical professionals generally carry malpractice insurance to protect themselves and their business from malpractice lawsuits. A personal injury lawyer can help you file claim on your behalf or on behalf of a family member to ensure that you or your family will be compensated and cared for.

Frequently asked questions about medical malpractice

How often do medical errors occur?

According to Reuters, approximately 15,000 medical errors occur every month. Only 15,000 and 19,000 medical malpractice lawsuits are brought to court against doctors every year.

What are common complaints that lead to medical malpractice?

  1. A medical provider may not have diagnosed an existing medical condition, or they incorrectly diagnosed the patient.
  2. A doctor or healthcare provider negligently made a mistake in their treatment.
  3. The healthcare provider treated the patient without warning a patient of risks or failed to get a patients consent before providing treatment.

Is there a statue of limitations on medical malpractice cases?

Yes.

Colorado Colo. Rev. Stat. §13-80-102.5 Two years from date of injury, no more than three years from act, unless knowingly concealed or foreign object. Foreign objects: two years from discovery. Minors under age 6: before age 8.

Medical malpractice in the case of minors may have a different statue of limitations depending on the unique circumstances of the case.

What kinds of damages can be claimed?

Damages that can be claimed include monetary and non-monetary claims. For instance, damages can include economic damages like lost wages, medical expenses or life care expenses. You can also claim damages like physical or psychological harm. Loss of vision or limb, reduced enjoyment of life or the loss of loved one are also part of a medical malpractice case.

Why hire a personal injury attorney?

A personal injury attorney can help you navigate the complex web of insurance companies and medical malpractice lawsuits. A personal injury lawyer normally will take a medical malpractice claim on for free until the case is settled. Good personal injury lawyers understand that when medical malpractice lawsuits occur, the family or victims need to be made whole again, and that they need money for additional medical treatments and daily living expenses. Malnar Law has the experience necessary to help clients who have experienced medical malfeasance.

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