According to a study by The Institute of Medicine’s (IOM), there are approximately 98,000 deaths involving preventable medical errors every year at the cost of $29 billion. Additionally, there were 181,000 severe injuries caused by medical negligence in 2003 according to The Congressional Budget Office (CBO).
Colorado Medical Malpractice Law states that a patient may pursue a civil claim against physicians and other health care providers called Medical Liability or Medical Malpractice if the health care provider causes injury or death to the patient by a negligent act or omission. At The Bendinelli Law Firm, P.C. we have a team of lawyers who are passionate about defending your or a loved one’s rights as a victim of medical malpractice or negligence.
Who May Be Held Accountable for Medical Malpractice or Negligence?
- Hospitals, clinics, treatment facilities, emergency rooms and pharmacies
- Doctors, nurses, therapists, physician assistants, hospital employees,
- Individuals, professional organizations, partnerships and corporations
Not every unfavorable outcome from surgery or medical treatment is the result of medical malpractice or negligence. The following examples are scenarios that may qualify for a medical malpractice claim:
- Misdiagnosis or failure to diagnose (heart disease, cancer, deep vein thrombosis, etc)
- Birth Injuries
- An error in anesthesia
- Errors by the hospital, medical staff, clinic, pharmacy or emergency room
- Surgical errors
- Medication errors
In Order to file a Medical Malpractice claim, the Patient Must Establish:
- The hospital and/or health care provider owed a duty to the patient
- The hospital and/or health care provider violated the standard of care
- The patient suffered the injury due to breach of the standard of care provided by the hospital and/or health care provider
- Either economic and/or non-economic damages were incurred due to this violation of the duty of care
Colorado state law requires the medical malpractice attorney to produce an expert to confirm, under oath, that the victim’s medical provider did not meet the standard of care required for that particular circumstance. In addition, a detailed medical history of the victim of medical malpractice must be obtained, including the names of all physicians and hospitals that provided medical treatment to the victim. Dates, doctors, symptoms, treatment received and conversations with all medical providers should be kept in a timeline.
Due to the very complex nature of medical malpractice claims, it is important that if you or a loved one has been a victim of medical malpractice in Colorado that you hire a skilled attorney to tackle the legal issues and to protect your interests. At The Bendinelli Law Firm we have a compassionate expert staff that is ready to fight for your rights. We tell our clients-we want you to concentrate on the important things: getting healthy and returning to your day-to-day life, while our attorneys take care of the complicated legal issues and deal with the insurance company
Contact us today for your confidential and free initial consultation.