Medical Malpractice Lawyers Serving the Denver Metro Area & All of Colorado
You need a medical malpractice lawyer if you or someone you love was harmed by a medical error. Experienced attorneys at Burg Simpson Law Firm can ensure that your rights are protected and pursue the full compensation you deserve.
Medical malpractice often results in tragic outcomes. Errors in a healthcare setting may lead to a serious decline in the patient’s condition, permanent injury, and even death. Unfortunately, it can be very difficult for patients to get justice for the losses they sustain due to malpractice.
Our medical malpractice lawyers have the experience, knowledge, and skills to help you hold negligent doctors and other healthcare professionals accountable. You can rely on Burg Simpson Law Firm to fight for a favorable outcome and support you every step of the way.
Call 303-792-5595 for a FREE and confidential case evaluation with a medical malpractice lawyer. Based in Metro Denver, Burg Simpson Law Firm serves clients throughout Colorado.
Why Choose Burg Simpson?
Since our founding in 1976, Burg Simpson Law Firm has earned a distinguished reputation for representing individuals who have been seriously injured by the negligence and wrongdoing of others. Medical malpractice is one of our main areas of focus because we are passionate about patient safety and fighting to improve healthcare outcomes locally and nationally.
Key reasons clients choose us to represent them include:
- More than $2 billion in verdicts and settlements
- 45+ years of legal excellence
- 70+ attorneys nationwide
- National strength with an emphasis on the states and local communities we serve
- Awards and accolades from a host of elite legal organizations and publications—including recognition by U.S. News & World Report in its “Best Law Firms” list of Colorado medical malpractice firms
Bottom line, medical errors turn people’s lives upside down. As Good Lawyers. Changing Lives.®, we consider it our responsibility to speak up for patients and their families.
What Is Medical Malpractice?
Many people assume that any medical mistake constitutes malpractice. In reality, however, medical malpractice is the failure to provide care in accordance with established professional standards.
Not all adverse outcomes occur as a result of medical malpractice. Sometimes patients get sicker, suffer complications, and even pass away despite the best efforts of their doctors and other providers.
It is in your best interest to consult a Denver medical malpractice lawyer as soon as possible if you suspect that the care you received was inadequate. Our team of experienced attorneys can investigate thoroughly to determine if you have a case.
How Do You Prove Medical Malpractice?
Medical malpractice claims present unique challenges. They are quite different from personal injury matters, though both typically involve questions of negligence.
Obtaining qualified legal representation is imperative for proving that your injuries were caused by medical malpractice. A successful claim must satisfy each of the following elements:
1. The Existence of a Doctor-Patient Relationship
For the standards of the medical profession to apply, a professional relationship must exist between the patient and the doctor or other healthcare provider. Patients are owed a duty of care, meaning medical professionals are required to provide treatment that meets an accepted standard.
2. Negligence
To prove medical negligence, it is first necessary to establish the standard of care (i.e., what a reasonable provider would have done in a similar situation). A medical malpractice attorney will collect evidence and consult expert witnesses to prove that the provider’s actions or failure to act violated the standard of care.
3. Causation
A direct link must be made between the negligence of the practitioner and the injuries suffered by the patient. This is often the most challenging aspect of a medical malpractice claim, as multiple factors can lead to injury or a decline in the patient’s health.
4. Damages
Finally, evidence of compensable losses on the part of the patient and/or their family must be presented. Significant compensation may be available for medical malpractice, but it is important to retain a medical malpractice attorney to account for all damages.
Both specialized evidence and expert witness testimony are required to prove medical malpractice. Our experienced medical malpractice lawyers collect all necessary evidence and consult reputable experts (from doctors and surgeons to economists and life care planners) to prepare a strong case on your behalf.
Contact Burg Simpson for FREE Today
Common Types of Medical Malpractice in Colorado
There are many potential forms of medical malpractice. Not every mistake meets the standard for negligence, but it is important to be aware of common medical errors and understand where to turn if you or someone you love has been harmed.
Medical malpractice lawyers at Burg Simpson have experience handling cases involving:
- Anesthesia Errors: When errors happen during the administration of anesthesia, they can lead to complications like overdose, allergic reactions, or inadequate sedation.
- Birth Injuries: Medical negligence during childbirth can cause serious conditions such as cerebral palsy, brachial plexus injuries, fractures, and more.
- Brain Injuries: Damage to the brain tissue from trauma, lack of oxygen, or other medical errors can cause long-term physical, cognitive, and/or emotional impairments.
- Emergency Room Errors: Negligent assessment, diagnosis, and/or treatment of patients in the emergency department can worsen the patient’s condition or even result in death.
- Errors in Record-Keeping: Inaccuracies or omissions in medical records can adversely impact patient care and treatment decisions, increasing the likelihood of negative outcomes.
- Failure to Diagnose & Misdiagnosis: When healthcare providers fail to correctly identify a patient’s medical condition or provide an incorrect diagnosis, it can lead to delays in treatment and potential harm.
- Failure to Inform the Patient of Known Risks: Neglecting to adequately inform patients about the potential risks and alternatives associated with a treatment or procedure violates the principle of informed consent.
- Failure to Obtain Informed Consent: Performing medical procedures without the patient’s full understanding and agreement regarding the risks, benefits, and alternatives is unethical and can lead to poor outcomes.
- Hospital Errors: Administrative errors, communication failures, and issues with patient care protocols can all impact patient safety in hospitals.
- Medication Errors: Errors in prescribing, dispensing, or administering medication can result in adverse drug reactions, overdoses, or other harmful consequences for patients.
- Surgical Errors: Negligence during surgical procedures, such as operating on the wrong body part or leaving foreign objects in the patient’s body, can have severe ramifications for the patient.
The specific circumstances that led to a medical injury can be difficult to identify on your own. It is in your best interest to consult a knowledgeable attorney as soon as possible to discuss the situation and find out what legal options you may have.
Who Can Be Held Liable for Medical Malpractice?
Liability is a complex issue in medical malpractice claims. Factors such as the nature of the injury, the setting in which it occurred, and the professionals involved in treating you will all have a bearing on who may be liable for malpractice.
In Colorado, a medical malpractice claim may be brought against virtually any healthcare provider. This includes individuals (such as doctors and other professionals) as well as institutions, employers, and other entities.
Potential defendants in your claim may include:
- Family doctors and general practitioners
- Emergency room physicians
- Medical specialists
- Surgeons
- Anesthesiologists
- Radiologists
- Psychiatrists and psychologists
- Nurses
- Physical therapists
- Surgical assistants
- Pharmacists
- Dentists
- Optometrists
- Podiatrists
- Chiropractors
- Acupuncturists
Hospitals, medical clinics, and urgent care centers may also be liable for medical malpractice. A Denver medical malpractice attorney can ascertain the liability of one or more practitioners, the facility, or both. It is not uncommon for multiple defendants to be named in medical malpractice claims.
What Damages Can I Recover for Medical Malpractice?
Medical care is expensive. Errors on the part of providers may require additional diagnosis and treatment, leaving you with more bills and additional physical, psychological, and financial burdens.
You may have a claim if the negligence of one or more healthcare providers caused you harm. Our team of medical malpractice lawyers and trusted network of experts will examine every aspect of your case to determine what damages you may be due.
The compensation that may be recovered for medical malpractice includes:
- Current and ongoing medical expenses
- All lost wages, to-date
- Out-of-pocket expenses for medications, supplies, nursing care, etc.
- The cost of household services
- Future medical expenses
- Loss of earning capacity
- Pain and suffering
- Emotional anguish
- Permanent disability
- Scarring and disfigurement
- Lost quality and enjoyment of life
- Reduced life expectancy
- Wrongful death damages
Calculating the economic and non-economic damages in your case should be left to a knowledgeable medical malpractice lawyer. Our attorneys review medical bills and other financial documents, consult with your doctors, and enlist expert witnesses to accurately quantify all of the losses you and your loved ones have sustained.
What Is the Limit for Medical Malpractice in Colorado?
In Colorado, both economic and non-economic damages in medical malpractice claims are subject to caps:
- $300,000 for non-economic damages (such as pain and suffering, emotional distress, loss of enjoyment of life, etc.)
- $1 million in total damages
- The court may increase the award if there is cause to believe that the victim will be unfairly burdened by current and future economic losses in excess of the cap.
At Burg Simpson Law Firm, our goal is to maximize compensation for each client. If an injury caused by medical malpractice has left you with substantial costs and future financial burdens, our lawyers will fight to get you more.
How Long Do You Have to Sue for Medical Malpractice in Colorado?
The standard time limit for filing a medical malpractice lawsuit in Colorado is 2 years. In the following situations, the statute of limitations is extended:
- Injury to the patient was not discovered or could not have been discovered through “the exercise of reasonable diligence” within the 2-year limitation period (see Colorado Revised Statutes § 13-80-102.5).
- A foreign object is left inside the patient; a claim must be made within 2 years of the date the object is discovered.
- The medical error leading to injury was concealed from the patient; claims must be brought no more than 2 years from the date the error is discovered.
A separate rule known as the statute of repose creates an absolute deadline for bringing a legal action. In Colorado, the statute of repose for medical malpractice claims is 3 years from the date of the error or wrongdoing—regardless of when the injury was discovered.
Tragically, children may also suffer grievous injuries as a result of medical malpractice. If the injury occurred prior to the child’s 6th birthday, parents have until the child turns 8 to file a claim.
How Do I File a Medical Malpractice Claim in Colorado?
A medical malpractice attorney can handle all aspects of filing the claim. First, your lawyer will submit a complaint with the appropriate court. The complaint outlines the basis of your lawsuit, names the defendant(s), and specifies the damages being sought.
What Is a Certificate of Review for Medical Malpractice in Colorado?
Within 60 days of the defendant receiving notice of the lawsuit, a certificate of review must be filed with the court. The certificate of review affirms that a relevant expert has reviewed the details of the claim and believes that there is “substantial justification” for the malpractice action to move forward.
If multiple medical professionals are named in a medical malpractice claim, a separate certificate of review must be submitted for each defendant. The expert consulted for each certificate must have similar licensing and qualifications to the professional being sued (e.g., a surgeon must be consulted if a claim is made against a surgeon).
How Our Medical Malpractice Lawyers Can Help
Legal counsel is a must for medical malpractice claims. Without an attorney, you will be left at the mercy of doctors, hospitals, and insurance companies—all of which are ready to defend themselves when allegations of malpractice arise.
A successful outcome is much more likely when you entrust your medical malpractice case to an experienced attorney. You can expect Burg Simpson to:
- Evaluate your case for FREE
- Conduct a thorough review of all medical records
- Gather additional evidence of malpractice, including expert witness testimony
- Identify all defendants
- Calculate the full value of damages
- Handle communications with any and all insurance companies
- Negotiate a fair settlement of your claim
- Complete the necessary paperwork to file a lawsuit
- Prepare your case for trial
- If necessary, argue your case in court
Medical malpractice claims involve numerous legal and technical details. When you hire a Denver medical malpractice attorney, you can feel confident that the complexities will be handled effectively. You will also receive regular updates on your case and be included in any major decisions, including whether to settle, whether to file a lawsuit, etc.
Contact a Denver Medical Malpractice Lawyer Today
Victims of medical negligence often feel like the healthcare system has let them down. At Burg Simpson Law Firm, we believe medical malpractice claims are about much more than money. They are an important vehicle not only for remedying each victim’s situation but advocating for better treatment of patients as a whole.
Our celebrated medical malpractice lawyers are recognized in Colorado and nationwide for the results they achieve and the standard of legal service they uphold. Call Burg Simpson at 303-792-5595 for a FREE case review in the Denver Metro.
