Medical negligence occurs when a doctor, dentist, nurse, surgeon or any other medical professional performs their job in a way that deviates from an accepted medical standard of care. Medical negligence is the foundation of a medical malpractice claim. Here are some common types of medical negligence. If you've suffered an injury from any of the following kinds of medical negligence, you should contact an Colorado attorney immediately!

Misdiagnosis: One of the most difficult aspects of a doctors job, is taking a set of symptoms and diagnosing the illness or injury causing them. There are many different illnesses that may result in similar symptoms, but require very different treatment. For this reason, it is important that, if a doctor has doubt regarding a diagnosis, further testing should be done.

Failure to Timely Diagnosis: Often an illness or injury becomes increasingly difficult to treat as time goes on. It is therefore important that a doctor diagnose an illness or injury in a timely manner.

Surgical Error: Surgical errors are a common form of medical negligence, and usually involve a doctor accidentally cutting or cauterizing an internal organ or tube, which can be defined as a negligent act if careful performance could have prevented it.

Failure to Follow Up with Treatment: This is a broad form of medical negligence that involves a doctor prescribing treatment, then failing to monitor the progress and adjust or cease treatment accordingly.

Failure to Treat in a Timely Manner: Once a doctor makes a diagnosis regarding a patients' illness or injury, treatment should be administered within a time frame that gives the patient the best possible chance at recovery. If a doctor fails to act quickly enough to treat the patient, then negligence may have occurred.

Anesthesia Errors: Anesthesia errors can lead to severe brain injury, organ failures, and even death.

Medication or Prescription Error: Medication and prescription negligence generally occur in one of two ways: 1. A doctor prescribes a patient a drug or medication that causes injury due to a dosage error, misdiagnosis of symptoms or failure to check for allergic reaction, or; 2. A prescription is filled incorrectly by a pharmacist, which can lead to injury to the patient. One case places liability for medical negligence on the prescribing doctor, and the other on the pharmacist.

Should I Contact an Attorney? If you've been injured as a result of medical negligence in Colorado, you should contact an experienced personal injury attorney today. Due to the complexity of the issues involved, and the fact that hospitals and health care providers have large legal budgets at their disposal, it is important that you talk to an attorney. An attorney can help protect your rights and get you the maximum compensation for which you're entitled. Don't take on the insurance companies alone: contact a Colorado personal injury attorney today.

Labels: anesthesia error, Colorado personal injury attorney, medical malpractice, medical negligence, misdiagnosis, surgical error

Labels: auto injury accident, Colorado personal injury attorney, defective consumer products, medical malpractice, personal injury

If you have been the victim of an accident or injury in Colorado, you may be entitled to receive economic recovery from those who are at fault. What you can recover will depend upon the kind of damages you experienced because of the accident or injury -- both during and after the incident.

Here are some types of accidents and injuries for which you may be able to take legal action to monetary compensation for damages in Colorado. Remember that an experienced attorney will explain your options, and will work to ensure that you receive all compensation to which you are entitled.

Disfigurement. When an accident or injury has left a person deformed or disfigured by scars or other permanent effects on personal appearance, the injured person may be able to collect damages for any mental suffering that arises due to the disfigurement.

Future medical expenses. If the plaintiff proves that he or she will need continued medical care as a result of the accident or injury.

General damages. Compensation for harm that results from wrongful conduct, such as physical and mental pain, and loss of enjoyment of life after an accident or injury.

Household services. The cost of hiring somebody to do things around the house while a person is recuperating from an accident or injury, provided that the expense would not have been incurred had the plaintiff not been injured.

Loss of consortium. Deprivation of the benefits of married life after an accident or injury: including affection, solace, comfort, companionship, society, help and assistance, and sexual relations between spouses.

Loss of consortium of a child. Parents may be able to recover damages when their child is injured, and the injuries are severe enough that they interfere with the normal relationship between parents and their children.

Loss of enjoyment of life. A diminished ability to enjoy the day-to-day pleasures of life, "loss of enjoyment."

Loss of society and companionship. In wrongful death cases, loss of society and companionship damages represent the benefits from the love, comfort, companionship, and closeness that a person and his or her family would have enjoyed had the person lived.

Lost earning capacity. After an accident or injury, these damages may be recovered if a person proves that his or her ability to earn money in the future has been impaired or diminished by the injuries.

Lost wages. These damages represent the amount of money a person would have earned from the time of the injury to the date of settlement or judgment.

Medical expenses. Bills and expenses for medical services such as doctors, hospital stays, emergency room treatment, ambulance fees, and nursing services.

Medical surveillance. The cost of monitoring a person's medical condition after the person was exposed to a hazardous substance, so that any illness or injury might be detected early.

Mental anguish. Any mental suffering or emotional distress associated with an accident or injury, including fright, terror, apprehension, nervousness, anxiety, worry, humiliation, mortification, feeling of lost dignity, embarrassment, grief, and shock.

Pain and suffering. An award for past and future physical pain in connection with an accident or injury.

Permanent disability. These damages are proved by medical testimony, and ordinarily a doctor must examine a plaintiff claiming permanent disability.

Present cash value. The current value of projected future earnings: the amount that, if invested wisely, will over time produce the amount a person would have earned had he or she not been injured.

Should I Contact an Attorney?
If you've been the victim of an accident or injury, you should contact a Colorado attorney experienced in personal injury right away. An attorney can identify all of the damages to which you are entitled and maximize the compensation that you receive for your injuries. A personal injury can be devastating. Don't go through the process alone. Contact a Colorado attorney today and get the compensation that you deserve!

Labels: Colorado personal injury attorney, disability, pain and suffering, wrongful death

If you've been injured in a car, truck, or motorcycle accident in Colorado, it's important that you maintain close contact with your insurance company and pay close attention to your rights. Don't assume that the insurance companies have your best interests at heart. Here is a list of some basic things that you should do, and some things that you should not do, if you're involved in an auto-injury accident.

Do:

• call your insurance agent immediately after an accident takes place
• obtain a copy of the police report
  
• take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor's name
• Read and understand your policy: what are you covered for and what are you not covered for
• find out if you might insurance coverage under another insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies and "umbrella" policies
• take pictures of any damage to your vehicle, the accident scene, and your injuries
• be honest and forthcoming with your insurer. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage
• keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company
• If necessary, contact an experienced attorney. Insurance companies are interested in their bottom line and will often fight your claim. Don't be a victim!
  

Don't:

• give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, consult an attorney
• automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's or contractor's repair or replacement estimates, which might be lower than what you deserve. If you have doubts, contact an attorney.
• sign any releases or waivers until you obtain legal advice. Don't accept a premature, inadequate settlement from your insurer. Consult an attorney before signing a release or waiver. Also, be sure to read the fine print on any payment from the insurance company.
• accept any check that says "final payment"
• ignore the time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If months of gone by and your claim has not been settled yet to your satisfaction, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.
• forget that your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation, and consult and attorney if necessary.

If you've been injured in a car, truck, or motorcycle accident, you should be aggressive and vigilant in protecting your rights. Don't assume that the insurance companies are looking out for your interests, and don't try to take on the insurance companies by yourself. Contact a Colorado attorney experienced in personal injury and automobile accidents to protect your rights and get you the fair compensation that you deserve!

Labels: colorado car accidents, Colorado personal injury attorney, insurance companies, motorcycle accidents, personal injury, truck accidents

When you file an insurance claim with an insurance company in Colorado, that company owes you a duty to act in good faith. This means that the insurance company must not look for ways to escape its obligation to investigate the claim or to pay you. Doing so would constitute bad faith. Bad faith claims and lawsuits may stem from a number of actions or failures to act by insurance companies. Here are some causes for legal action against bad-faith insurance companies:

• Unfair denial of coverage
• Failure to communicate important information to the claimant
• Failure to conduct a reasonable investigation of an insurance claim
• Refusal to pay a claim without investigating
• Failure to deny or pay a claim within a reasonable period of time
• Failure to confirm or deny coverage within a reasonable period of time
• Failure to attempt to come to a fair and reasonable settlement when liability is clear
• Offering substantially less money to settle than the true value of the claim
• Failure to promptly provide a reasonable explanation for denial of a claim
• Failure to enter into any negotiations for settlement of the claim
• Failure to respond to a time-limit demand
• Failure to disclose policy limits

What is Good Faith?
An insurance company has a duty, or legal obligation to its policyholders. A breach of this duty - or bad faith - can occur when an insurance company improperly refuses to defend a lawsuit or improperly refused to pay a judgment or settlement of a covered lawsuit. The duty of good faith means that your insurance company must:

1. Adjust your claim (either pay it or deny it) within a reasonable time
2. Must cooperate with you regarding the claim (respond to your letters and phone calls)
3. Must tell you in writing precisely why it is denying the claim, specifying each contract term or provision upon which it relies
4. Must attempt to find a basis to pay the claim rather than find reasons to deny it
5. must (as the duty itself states) "play fair" with you

If your insurance company has failed to abide by its duty of good faith, you may be able to take legal action.

Should I Contact an Attorney?
Fighting your insurance company may seem like a David and Goliath scenario. Don't be afraid to assert your rights. If you suspect that your insurance company has engaged or continues to engage in bad faith practices that have caused you harm, you may be able to take legal action. Insurance companies always have legal representation of their own: law firms that devote all of their time and effort to advancing the interests of insurance companies, so it's imperative that you get you contact a skilled and aggressive attorney. Don't take on the insurance company alone! If you have been the victim of bad faith insurance, contact an experienced Colorado attorney today!

Labels: bad faith insurance, Colorado attorney, Colorado bad faith insurance, denial of coverage, good faith

Older people in nursing homes and other care facilities deserve our respect, dignity, and proper care and attention. Unfortunately, sometimes nursing homes fail in their duties and older people are actually physically or psychologically harmed by the negligent or intentional acts of their caregivers. This nursing home abuse can be caused by poorly qualified and inadequately trained staff, staff with a history of violence, inadequate numbers of staff, the isolation of residents, and the reluctance of residents to report abuse out of embarrassment or fear.

Who is Liable for a Nursing Home Injury?
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, false imprisonment, or violations of criminal statutes, as well as violations of regulations regarding licensing, maintenance, and general operation. An act of abuse, neglect or exploitation of an older person by a nursing home can lead to an investigation and finding by an adult protective services agency, a civil lawsuit, and/or criminal prosecution.

The liability of a nursing home owner or employees can result from:

• Negligent personal supervision and care
• Negligent hiring and retention of employee
• Negligent maintenance of the premises
• Negligent selection or maintenance of equipment.

A nursing home can be held liable for negligence if the injured party can prove: 1) that the nursing home's owner or employees breached a duty of care owed to the injured person; 2) that the person's injury was caused by this breach; and, 3) that the nursing home owner's or employee's conduct caused the injury.

Also, a nursing home will generally enter into a contract with a resident, in which it sets out what services it will provide, and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Many contracts require only that the home provide such services as are "reasonably necessary" for the resident's well-being, but even under this standard, a nursing home could be found negligent if it failed to meet the basic needs of a resident.

Has a Crime Been Committed?
All residents of nursing homes have the right to to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. There are criminal penalties for the abuse, neglect, or other mistreatment of nursing home residents. Failure to provide residents with sufficient food, keep residents clean, or prevent bedsores from occurring, have supported convictions for criminal neglect. In other cases, the unjustified use of physical restraint or force against nursing home residents has resulted in convictions for nursing home abuse. If you believe a crime has been committed involving the care of yourself or a loved one by a nursing home it is important that you report it immediately and contact an experienced attorney.

Should I Contact an Attorney?
If you or a loved one has suffered injury or abuse as a resident of a nursing home, you should speak with an attorney experienced in nursing home and elderly care issues as soon as possible to ensure that your legal rights to compensation are fully assessed and protected, especially in light of time limits for filing a lawsuit for nursing home injuries. No elderly person should be subjected to nursing home abuse. Contact an experienced attorney to protect the rights of yourself or a loved one today.

Labels: negligence, Nursing Home Abuse, Nursing Home Abuse Attorney, personal injury

Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. Construction workers face a variety of hazards, including falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries. As a result, work-related construction accidents occur very frequently.

Who's Liable for a Construction Accident?
There can be a wide variety of individuals involved at a construction site, including the site's landowner, design and engineering professionals, contractors, construction managers, and equipment and material suppliers. In assessing liability for injuries at a construction site, the main determinations are the extent of a potential party's control over the site on which the work is being done, and the degree of their control over the work itself.

The following people may have varying degrees of control over the construction site and work being done, and thus may be liable in a construction accident.

• The owner of the construction site: Issues of landowner liability turn on the degree of his or her control over the premises, as compared to control over the work itself. Depending on the amount of control of the premises that he or she gives over to an independent contractor, the landowner may not be considered the legal possessor of the land for the duration of the construction project. The owner or possessor of the land on which a construction project is being performed is liable for any injury to individuals involved in the project, caused by a potentially harmful condition on the land that the owner knew or should reasonably have known of. This duty does not extend to potentially dangerous conditions that should be obvious.
• Contractors: Both the general contractor and the sub-contractor must provide a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site, as well as any hazards inherent in the work being performed. A general or sub-contractor has an obligation to make sure that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that work is being performed safely. This obligation extends to the hiring of reasonably competent employees, and ensuring compliance with safety regulations.
• Manufacturers of Construction Machinery or Equipment: Manufacturers of defective construction machinery or equipment can be held responsible for the design and manufacture of that equipment.
• Insurers: In the case of some large construction projects, the parties involved will be required to carry significant insurance coverage. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.

Getting Help for a Construction Accident Injury

If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:

• Get medical attention for your injuries.
• Report the injury to your employer or construction site manager, and write down the name and position of the person notified.
• Get the names and contact information of anyone who may have witnessed the accident.
• Try to preserve any evidence related to your injury, by taking photographs of the area where you were injured (and the injuries themselves), or keeping the equipment or tool that was involved in your injury.

In light of complex liability issues, the legal deadlines for filing causes of action for injury, and the need to conduct a thorough site investigation as soon after the injury as possible, meeting with a Colorado attorney experienced in personal injury and construction sooner rather than later. Don't take on your employer and their insurance company alone! Contact a Colorado personal injury attorney today to protect your rights and get you the fair compensation that you deserve!

Labels: Colorado personal injury attorney, Construction Accident, negligence, personal injury