Medical Malpractice In Colorado
Medical malpractice involves negligence on the part of a healthcare provider that caused a serious injury or death to a patient. The majority of medical malpractice cases are the result of physician error. Medical malpractice can arise from a number of circumstances:
- Failure to diagnose. The failure of a physician to accurately and timely diagnose a condition can lead to worsening of a disease or illness.
- Failure to treat. Delays in treatment can result in the spread of a disease, such as cancer.
- Surgical errors. Procedures that are performed improperly can lead to life-threatening infections, nerve damage and other serious complications.
- Defective products. The improper placement of medical devices, such as orthopedic devices or surgical mesh products can result in serious injury, infection or death.
- Pharmaceutical medications. The administration of incorrect medications can lead to potentially fatal complications.
Elements of a Colorado Medical Malpractice Claim
In order to successfully prove a medical malpractice claim, Colorado tort laws require that several important elements must be established:
- A duty was owed to the patient. A legal duty exists when a healthcare professional or facility undertakes the care or treatment of a patient.
- A duty was breached. The healthcare provider failed to conform to the standard of care during the treatment of a patient.
- The breach caused injury or death. The breach was the direct cause of an injury to or death of the patient.
- Damages were caused by the breach of duty. Financial damages, such as medical expenses or loss of wages were caused by the injury that resulted from the breach of duty. Emotional damages may also be considered.
Benefits Of A Colorado Medical Malpractice Lawyer
Under Colorado law, a medical malpractice action must be filed within a certain time frame, known as the statute of limitations. Colorado law requires that a claim must be filed within two years of the date the negligent act occurred. In certain cases, the time limit may be extended to three years, depending on when the actual injury was discovered. If the malpractice was concealed by a healthcare provider or facility, the action must be filed within two years of discovery of the concealment.
Colorado law pertaining to medical malpractice claims can be confusing. Your medical malpractice lawyer can explain the procedural requirements in pursuing a medical malpractice claim. He or she will guide you through the confusing legal process and advocate for the settlement you rightfully deserve.
Connect To A Colorado Medical Malpractice Lawyer Now
ColoradoLawyerLocator.com is an excellent resource to locate Colorado medical malpractice lawyers. Our service is absolutely FREE and easy to use. Simply submit information about your case in our online form. You will be connected with a medical malpractice lawyer in your city or county. Use ColoradoLawyerLocator.com to connect with a Colorado medical malpractice lawyer today!