Grand Junction Medical Malpractice Lawyers
Holding Medical Professionals Responsible for Negligence
We trust dentists, doctors, and other medical professionals to give us excellent care when we are in their treatment. However, what happens when a mistake leads to a serious injury or even death?
If you or someone you know has suffered a critical injury due to a mistake made by a doctor, hospital, or other health care provider, you deserve to be compensated for your suffering and loss. At Doehling Law, we know firsthand that while nothing can make up for the death of a loved one, the compensation you receive can help you cope and give you one less thing to worry about in life. Doehling Law offers some of the finest medical malpractice lawyers in Grand Junction who will treat your case with the compassion and attention to detail it deserves.
Understand Your Rights
When you enter a hospital for medical treatment, you believe that all the proper steps will be taken to resolve the problem. You and your loved ones hope for healing. Nobody expects the care to result in further injury or even premature death. Yet every year, patients are harmed due to the negligence of a nurse, doctor, or hospital.
Doctors, nurses, and medical assistants are required by law to follow a strict "care structure" as well as be able to provide the proper medical treatment sanctioned by licensed medical professionals. Medical malpractice occurs when a physician has failed to reasonably care for a patient as they should have done.
It’s Best to File Your Claim as Soon as Possible
The statute of limitations to file a medical malpractice claim in Colorado is three years. Medical malpractice claims can, however, be more complicated than other personal injury claims. Because of this Colorado has exceptions for certain scenarios, a notable one being the discovery rule. In short, this rule allows the statute of limitations to be extended for cases where a claimant does not realize their injury has been caused by medical malpractice at the time the injury occurred. In these cases the three year time limit usually starts the day the malpractice was recognized. Once the statute of limitations runs out, you will not be eligible to pursue compensation which is why it’s important to talk to an attorney about your case as soon as possible.
What Exactly Is Medical Malpractice?
Medical malpractice happens only when a doctor does something misguided or illegal that results in harm to a patient. Simply not receiving the treatment you expected is not enough to charge someone with malpractice; nor is having something incurable grounds for a claim. The medical professional, facility, or equipment must have caused you harm as a result of negligence, wrongdoing, a defect, or some other mishap that should have been preventable.
Medical malpractice can manifest itself in many ways, such as:
- A delay or failure in diagnosing a disease
- When a physician has made the right diagnosis, but then fails to recommend the proper treatment
- An anesthesia-related mistake during an operation or procedure
- Analyzing the wrong patient file before treatment
- Delivery injuries and mishaps
- Failing to gain the consent of the patient for a surgical procedure
- Leaving a medical tool inside a patient’s body following surgery
- Mistaken amputation
- Misuse of a medical device or prescription drugs
- Malfunction of medical equipment
- Prescribing the wrong drug, an improper dosage, or dangerous or tainted drugs
These limited examples do not cover the full extent of medical malpractice scenarios. Medical malpractice can take many forms. When you suffer an injury or illness because of a medical error, we can aggressively pursue the damages you are due.
Investigating Nursing Home Malpractice
Elder abuse in Colorado’s nursing homes is unfortunately not uncommon. If you or a loved one suffered abuse or neglect in a residential or nursing facility, the odds indicate that other residents in the facility also suffer similar treatment.
Negligent or reckless actions can include:
- Exploitation or illegally taking, concealing, or misusing funds, property, or assets of the elderly
- Negligent care that results in falls, broken hips, bedsores, amputations, and even death
- Sexual abuse or harassment by employees of the facility
- Physical abuse, including unreasonably restraining a senior
- Emotional or verbal abuse
In each nursing home case we undertake, Doehling Law carefully studies the facility's history of violations of both state and federal law to determine a pattern of neglect. We also turn our focus on the staff and do a background check to see if they have negligent tendencies. Then, we investigate whether training deficiencies exist at the facility.
Q:Is Certification Required for a Malpractice Case?
A:Before we determine if a malpractice case exists, we need a medical expert to carefully review the medical care in question to determine if the patient received inappropriate care and if that care caused substantial injuries to the patient. We have access to board-certified experts that will conduct a complete review of the cases we believe have merit. Once the doctor has certified the case, a malpractice claim will be pursued against those who provide medical care.
Q:How Much Can I Recover?
A:If you have been injured as a result of medical negligence you may be entitled to recover: Compensation for physical disfigurement and impairment, which may include compensation for a physical disability or scars as a result of the injuries you sustained in the accident. Compensation for past and future medical expenses, past and future wage losses, and other out-of-pocket expenses. Non-economic damages, which include loss of quality of life, emotional, pain, and suffering. As for the amount, it can vary greatly and is determined on a case by case basis. That said, you should receive enough funds to adequately cover your past, present, and future expenses related to your injury.
Q:Do I Have to Pay Back Health Insurance?
A:If you were forced to pay for medical treatment by your health insurance because of medical negligence, your health insurance company may have a right of reimbursement. Your health insurance company may have the right to get paid back for those expenses from the at-fault party's insurance carrier.
We recommend that if you or someone you know has been a victim of medical malpractice, you should contact Doehling Law immediately. Our lawyers can help you with your tragic situation with diligence and compassion. We leverage our experience and reputation as trial lawyers to work tenaciously for you and your family and want to help get you back on your feet.
Call us at (970) 292-7171 to schedule a free consultation today!