Every medical practitioner in Denver—whether a doctor, dentist, nurse, or even nursing home—has an obligation under state law to provide adequate care to each and every patient. While this is not a guarantee of recovery, it does require every practitioner to act to the best of their abilities towards achieving positive outcomes.
Sadly, failures on the part of providers to meet this level of care are common. Something as simple as a delayed diagnosis can significantly harm a person’s health. More direct examples of malpractice such as botched surgeries, an inability to read a diagnostic image, or a prescription error can also result in significant injuries.
An experienced Denver medical malpractice lawyer could help you investigate whether a doctor’s malpractice was the cause of your injuries. The dedicated personal injury attorneys at Roberts Markland LLP could help to explain Colorado’s malpractice laws, evaluate the defendant’s actions, and connect you with qualified medical experts needed to pursue your claims.
The practice of medicine remains an inexact science. Proper protocols and expected outcomes change on a daily basis, and not every patient who seeks care can expect a perfect outcome. In situations involving incurable diseases, unfixable physical injuries, and cases where a patient visits a doctor too late to receive necessary help, a poor outcome is likely.
It is only when a poor outcome is the result of a doctor’s error that malpractice occurs. In general, any medical provider has a duty to act in a way that a reasonably competent peer would, given the circumstances. For instance, if a reasonably competent emergency room doctor should immediately recognize the signs of a heart attack, and a defendant doctor fails to do so in a timely manner and releases the patient, this may be an example of medical malpractice.
However, proving medical malpractice cases is always a complicated legal matter. A plaintiff cannot testify alone in court that a doctor’s poor performance led to their injuries. All medical malpractice plaintiffs must work with an expert medical witness who can analyze their case and present evidence in court. A Denver medical malpractice attorney could provide more information about what is involved in these types of claims during an initial consultation.
Obtaining the help of a qualified expert witness is central to any medical malpractice claim. In fact, Colorado Revised Statute §13-20-602 requires plaintiffs in medical malpractice cases to submit certificates of review within 60 days of service of the complaint. This certificate must indicate that the plaintiff has reviewed the claim with an expert witness and that this expert is of the belief that there is good cause to bring the lawsuit.
In addition, this expert witness must meet the state’s definition of an expert. According to CO Rev. Stat. §13-64-401, an expert in a Denver medical malpractice claim must be a licensed physician who has sufficient knowledge of the area of medicine in which the negligence occurred. In other words, a qualified expert should be specialized in the same area of medicine as the defendant.
This expert’s testimony is essential to the success of a claim. This expert can testify in open court as to what level of care a patient should receive, how the defendant failed to provide that care, and what alternatives may have prevented the injury. A seasoned medical malpractice lawyer in Denver could help plaintiffs to meet and hire these essential witnesses.
Few personal injuries are as devastating and demoralizing as those that occur while under the care of a medical professional. We all rely on these providers to administer competent and compassionate care to accurately diagnose conditions, recommend treatment, and administer that treatment.
Unfortunately, errors in the medical field are common. If an error is so egregious that no competent doctor should be expected to behave in such a way, malpractice may have occurred. To prove these cases, injured plaintiffs need to rely on the opinion and testimony of expert witnesses.
If a negligent doctor, nurse, dentist, or hospital is responsible for your injuries, you may have the right to significant compensation. A diligent Denver medical malpractice lawyer could help you to pursue your claim. Contact the skilled team of attorneys at Roberts Markland LLP today to discuss your case.