Have You Been a Victim of Medical Negligence in Colorado?
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.
If you are involved in an accident or injury in Colorado, preserving any physical evidence of the incident and your injuries can support your position in any legal claim you may decide to pursue. It is important to do this as soon as possible after the incident, because circumstances can change quickly: accident scenes can be altered, memory can become unreliable, and evidence can be overlooked or misplaced over time.
Though it may be the last thing on your mind right after a traumatic experience, collecting and preserving evidence of your personal injury could be very beneficial should you decide to pursue legal action. Your attorney will be able to use the evidence you collect to help. If you are unable to collect evidence yourself, ask a friend or a loved one to do so for you! Preserving evidence of your accident or injury is one of the most important things you can do to protect your rights.
The first step to take in protecting evidence of your injury is to make sure that physical items are preserved, including torn clothing, broken equipment, and any documents. Here are some steps to take after some common injuries:
Auto Accidents: After a car accident, take photos of the scene, your injuries, and any property damage. In addition, get copies of all medical records pertaining to your treatment after the accident, keep copies of property damage estimates and repairs records, and obtain a copy of any police report that is made.
Defective Consumer Products: If you are injured by a faulty product, be sure to preserve the product in the same condition that it was in when the incident occurred. Keep all written instructions, warnings, labels, and packaging that accompanied the item. If you can, try to locate the original sales receipt for the item. If you cannot find the receipt in your own personal records, ask the seller if they have a copy.
Medical Malpractice: In a medical malpractice or birth injury case, keep or obtain copies of all medical records that pertain to the medical treatment at issue, as well as those related to any second or third opinions obtained from other health care providers. Also, in cases where a physical injury is visible, be sure to take photos that depict any evidence of potentially improper medical treatment.
Take Pictures! Remember that preserving physical evidence itself may not always be possible in every case involving an accident or injury. In these situations, your best option is to take clear and detailed photographs of the area where the injury occurred, from multiple angles, and ideally under the same conditions.
Should I Contact An Attorney? If you've been injured as the result of someone else's carelessness in Colorado should contact an experienced attorney as soon as possible. An attorney can protect your rights and get you the fair compensation that you deserve. Get treatment for your injuries, collect evidence, take pictures, and contact a Colorado personal injury attorney right away.
Medical malpractice occurs when a health care provider, typically a doctor, a hospital, or a pharmacist deviates, by act or omission, from accepted standards of care in the medical field, and it results in the injury or death of a patient. In Colorado, an injured patient is eligible to receive compensation if he can establish negligence on the part the health care provider.
In order to establish negligence, the patient (and his personal injury attorney) must show four things. First, that the health care provider had a duty of care, or legal obligation to the patient. Second, that there was a breach of the duty of care: if the health care provider failed to meet the relevant standard of care established by the medical field. Third, that the patient suffered real injuries. Fourth, that this failure to meet an acceptable standard of care was the cause of the patient's injuries.
If you've been injured as a result of the actions of a doctor, nurse, hospital, a pharmaceutical company, a medical device manufacturer, or other health care provider, your personal injury attorney will need to know as much as possible about what happened to you and why. Here are some documents that you can obtain for your attorney that will help him or her prove your case and get you the best possible outcome.
Your Medical Records. If you can't obtain your medical records, give your attorney the names and addresses of the health care providers you've seen. Your attorney will then be able to obtain copies of your medical records on your behalf.
Your Mental Heath Records. If you've been treated by mental health professionals such as psychologists, psychiatrists, or psychotherapists, your attorney will need to review those records whether or not you claim that the need for the treatment was related to your illness or medical condition.
Your Insurance Information.
Your Prescription Information. Be sure to provide your attorney with the names of all prescription medications that you've taken, including the dosage.
Your Medical Bills and Invoices.
Evidence of Lost Wages. Wage records and pay stubs from before and after you were injured. If you cannot locate these, your attorney can request them from your employer.
Any Document You have Received from the Defendant.
Should I Hire an Attorney? Due to the complexity of the issues involved and experience and resources at the disposal ofmost health care providers and their insurance companies, you should contact an experienced Colorado personal injury attorney immediately if you've been injured as a result of medical malpractice. The insurance companies for the hospitals and drug companies will do everything they can to fight your claim and keep you from getting compensation for your injuries. Don't take on the insurance companies alone: call a Colorado personal injury attorney today and get the compensation that you deserve.
If you are injured, what Information will your personal injury attorney need?
If you've suffered an injury in a car, motorcycle, bike or pedestrian accident or were injured at work, obtaining legal representation is very important due to the complexity of the issues involved, the likelihood that the responsible party will refuse to accept liability, and the difficulties in obtaining medical care before legal liability has been established against the responsible party.
What are some of the more typical kinds of accidents in a Colorado personal injury case?
Slip-and-Fall Accidents.Accidents arising from dangerous conditions on real property, when the landowner knew about the problem and failed to address them, the landowner can be held liable under Colorado law.
Defective and Dangerous Products.A manufacturer or seller of a product can be held liable in Colorado for negligence in creating an unreasonable risk of harm to consumers, an inherently and unreasonably dangerous or defective product, or breach of express or implied warranties for the product.
Malpractice of Doctors, Pharmacists, or other Health Care Providers.If the health care professional's conduct fell below the standard of care expected for the profession, which resulted in an injury or the professional did not obtain the patient's consent or informed consent before providing treatment resulting in damages they can be held liable under Colorado law.
Bites by Dogs or Other Domestic Animals. A person injured by an animal in Colorado may recover from the owner of the animal by proving that the owner knew of the particular animal's or the general breed's habits and tendencies which are likely to cause human injury, and failed to exercise reasonable care to prevent those injures.
Car Accidents. In 2004 there were nearly 250,000 motor vehicle accidents in Colorado with one-fourth of them resulting in fatalities or injuries. This includes motorcycle accidents, truck accidents, bike accidents, bus accidents, and pedestrian accidents. If you've been injured in an automobile accident contact a personal injury attorney today!
Injuries at Work.A person hurt while on the job is eligible for medical benefits and worker's compensation.If you're injured at work you must act quickly to protect your rights.Consult an experienced personal injury attorney right away.
Here is a list of important documents and other information to obtain and save for your personal injury attorney to increase the chances of obtaining the best possible outcome in your particular case.
Documents
Copies of any written statements.
The accident report.
Your auto insurance policy, along with your coverage certificate, if you were injured in an automobile accident.
Your medical or disability insurance policy.
Other insurances policies, including homeowners or renters insurance, hospitalization, or veterans insurance.
All correspondence you have received from any insurance company.
Any medical bills.
Any receipts for things you've had to buy or had to fix because of your personal injury.
Other Information
The name and address of the ambulance service used, if any.
The name and address of the emergency room where you were initially taken.
The dates you were admitted and released from the emergency room and the hospital.
The names and business addresses of all doctors who treated you.
The names and business addresses of all chiropractors you have consulted.
Names of all people involved in the accident.
Names and addresses of all witnesses to the accident.
Dates and time you have missed work because of the accident.
A list of people you have talked to about the accident or your injury.
The names and telephone numbers of each insurance adjuster you have talked to.
**Remember that claims for personal injury can come from other situations and incidents than just car accidents and work-related injuries. If you were injured in one of the above types of accidents in Colorado, contact a Colorado personal injury attorneyas soon as possible - don't take on the insurance companies and their attorneys without the help of an experienced personal injury attorney!**
From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.
In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.
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