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Category: Medical Malpractice

Who Should I Contact Regarding Legal Malpractice

Everyone makes mistakes, and sometimes even lawyers make mistakes. Sometimes though, when lawyers make mistakes there are consequences. Legal Malpractice Denver is more common than you think. If you believe you are the victim of legal malpractice, then there are a few things to consider, and specific people to call.

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What is Legal Malpractice?

If you lost money because of how your lawyer handled your case, then you may be able to sue for legal malpractice. In order for the case to be truly considered legal malpractice, your lawyer needs to have made a mistake that prevented you from winning your case. Basically, if they would have not made the mistake they did, you would have won.

How to Prove Legal Malpractice?

Proving legal malpractice is not as easy as it sounds. You cannot simply state your lawyer made a mistake. You will need to show — and prove — that the lawyer made a mistake that caused you financial loss. It also needs to be proven that the financial loss would not have occurred if they did not blatantly make a mistake.

If You Believe You Have a Legal Malpractice Case…

If you want to sue for legal malpractice, you will need to find a new lawyer and do it as quickly as you can. This is because you will be fighting a lawyer, and the most common defense in these cases is “why did you wait so long to sue?”

There are a few questions you should ask yourself before pursuing a legal malpractice case.

Does the Lawyer Have Funds If You Win?

Since a legal malpractice case is often expensive, you need to confirm that the lawyer either has malpractice insurance, or they have a monetary means to pay you if you win. Otherwise, you may not see a cent.

Was The Lawyer Negligent?

Speak with your new lawyer to determine if they were truly negligent. Realize that, sometimes after the fact, a decision may look foolish, but could not have been realized beforehand. Unless you are paying the best of the best to represent you, attorneys must act consistently with the community standard of care. This means that every mistake is not considered negligence, after all, we are all human.

Did The Lawyer’s Mistake Cause You Damage?

Sometimes, even if your lawyer made a mistake that was frustrating, annoying, or just a stupid move, it does not mean you were injured. Even if you lost your case, you might have lost it anyway despite the one mistake they made. In order to win this case, you have to prove as a direct result of their actions, they blew the case.

For example: If your lawyer did not file the lawsuit before the statute of limitations expired, you may feel you have a legal malpractice case. The trouble is that you have to prove beyond all reasonable doubt that you would have won the case if it was filed on time.

Legal malpractice is a frustrating situation, but you must call a lawyer to confirm that you truly have a case, or you will only be wasting your time and money.

What Is Considered Medical Malpractice?

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Medical malpractice is also known as negligence and typically involves a medical error. This error might be in a diagnosis, how much medication is given, improper treatment, or poor aftercare.

If a medical professional gives substandard treatment to a patient that causes harm, injury, or death to a patient, it is considered medical malpractice. Despite this, there are medical malpractice laws in place. This makes it possible for those affected by medical malpractice to obtain compensation.

Hospitals, doctors, and other health care professionals are expected to provide a certain standard of care. If this care is not met, and harm or injury occurs because of a mistake in care, a medical malpractice lawsuit can be filed.

Factors Required to File a Malpractice Suit

There are a few factors that are required to be present when filing a malpractice suit:

  1. Failure to provide a proper standard of care — The law states that all healthcare professionals must work with specific standards or it can be considered negligence.
  2. Injury due to negligence — Even if a healthcare professional was acting with negligence, if it does not result in injury then there is no claim. In order to file a negligence claim, they must prove that the injury or harm would not have happened had they not done so.
  3. Injury must have consequences — In order for the suit to be filed, the patient must show that the injury or harm caused by negligence created considerable damage.

Considerable damage includes:

  • Suffering
  • Hardship
  • Large amounts of pain
  • Huge loss of income
  • Disability

Types of Malpractice

  • Improper or misdiagnosis
  • Failure to diagnose
  • Incorrect surgery
  • Unnecessary surgery
  • Premature discharge
  • Failure to order appropriate tests
  • Failure to act on results of a test
  • Not following up
  • Prescribing the wrong dosage of medication
  • Prescribing the wrong medication
  • Leaving foreign instruments inside a patient’s body
  • Operating on the wrong part of the body
  • Persistent pain after surgery
  • Fatal infections acquired in the hospital
  • Bedsores

Incidents such as hospital fires, or patients committing suicide while under a physician’s care can also be considered malpractice.

Informed Consent

Informed consent is a form of necessary consent that must be given by a patient to a doctor or health care provider. This means that a patient must state that they understand the risks of the procedure, and will not sue if something does not go according to plan. Even if the operation was done perfectly, the patient needs to know the risks ahead of time to make an informed decision based on risk and reward.  If there is no informed consent obtained, and the procedure results in harm or injury, it is medical malpractice.

Results of a Medical Malpractice Suit

In the event of a medical malpractice suit, the plaintiff may be awarded either compensatory and punitive damages.

  • Compensatory damages — Includes economic damages such as lost wages, medical expenses, and life care expenses. May also include psychological and physical harm, extreme pain, and emotional distress.
  • Punitive damages — Only awarded when the medical professional is found guilty of malicious or purposeful misconduct. This is typically additional compensation on top of other damages.

If you believe you might be a victim of medical malpractice, contact a Medical Malpractice Attorney Denver to find out your options.

Should I File a Medical Malpractice Claim?

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medical malpractice

In the case of a pharmaceutical accident, where the prescription of drugs or medicine harms a person under a doctor’s care, navigating the legal side of things can be difficult. In these sorts of circumstances, which our office sees quite often happening in Colorado, it’s important to make sure you have Medical Malpractice Lawyers in Denver on your side to help you.

What Is Medical Malpractice

There are many different instances of medical malpractice that differ and vary from others. This is mostly a general, umbrella term that describes a situation where a harmful, wrong outcome has happened due to neglect or negligence of a medical expert. Within this are instances that could occur during diagnosis, treatment, in-patient stay, or even recovery and medicine prescriptions.

One of the more common cases and claims we see here at Lampert & Walsh are related to the pharmaceutical side of malpractice suits. Incorrect medicine prescription that causes harm is a very common act of neglect on your doctor’s side, and should absolutely be pursued in court for compensation. Other examples may include medication changes, failure to ensure the side effects won’t worsen your condition, and other mistakes that are made and could easily be avoided.

How Medical Malpractice Claims Work

The goal of filing a medical malpractice claim is to allow your rights to be defended, and your poor experience to be compensated in some form, as well as hopefully prevent these same mistakes and negligence from happening to others in the future. Our attorneys will handle your case for you, and put together a solid claim for the judge to review and consider.

At the end of the process, you should be awarded with financial compensation, as well as reimbursement for medical bills and other necessary expenses that were due to the negligence of your doctor.

Navigating these claims can prove to be tricky, since hospitals and doctors often have solid defense and legal teams. It’s also true they have great insurance policies, so with a trained professional, you have a great chance at seeing a positive outcome from this terrible experience.

Should You File A Medical Malpractice Claim?

If you believe you were wronged by a medical professional, you should absolutely look into filing a medical malpractice claim. Being sick or hurt and having to deal with being mistreated by the professionals you placed your trust in is absolutely unacceptable, and we recognize that here at Lampert & Walsh.

Not sure if your experience counts as a medical malpractice claim? We can get together and discuss it, and our skilled lawyers will help determine the future and potential for success with your claim. Don’t let fear hold you back! You’ve endured enough.

Finding a Medical Malpractice Attorney

Contact us to get in touch with the best medical malpractice attorneys in Denver, Colorado. With four amazing attorneys on staff and a thick portfolio of past won cases, we’re the ones to get this finished for you, and hopefully achieve the best result for your trust in us.

Is Misdiagnosis and Delayed Diagnosis Considered Medical Malpractice?

Going to the doctors’ office can be a stressful event, especially when you are experiencing pain or discomfort from a medical ailment. The doctor must be able to properly diagnose your medical issue. If the doctor does not properly diagnose you, it may cause your condition to worsen or develop into another ailment all together.

Medical malpractice can occur when doctors harm patients by not providing them with the medical standard of care. Malpractice cases can include medical errors, childbirth injuries or surgical mistakes. One type of mistake that is commonly addressed in many medical malpractice lawsuits is misdiagnosis or delayed diagnosis.

Factors of Misdiagnosis and Delayed Diagnosis

The doctor should be using a medical assessment called a differential diagnosis list. This assessment orders the potential diagnoses by likelihood on this list. The doctor should then investigative further into the symptoms you’re having to rule out which health conditions are not likely. This procedure may not always be successful due to the uncertain nature of medicine. The patient must be able to prove the following to recover compensation in a medical malpractice lawsuit:

    • You had a previous patient relationship with the doctor.
    • The doctor provided you with negligent treatment for your injury.
  • The negligent treatment caused injury.

A patient can also use the opinion of another medical professional to prove that they were misdiagnosed by the initial doctor. The patient must be able to prove that:

    • The initial doctor did not correctly diagnosis you via the differential diagnosis list but another trained and competent doctor did.
  • The initial doctor did correctly diagnosis you via the differential diagnosis list but did not consult any specialist to investigate the probability of the diagnosis.

Questions About Medical Malpractice?

If you or a loved one suffered from misdiagnosis or delayed diagnosis due to a doctor’s negligence, contact an experienced attorney today. The medical malpractice lawyers at Lampert and Walsh, LLC will do their best to get you the compensation you deserve for your pain and suffering.

Did Porter Adventist Hospital Expose Patients to Deadly Viruses?

The Colorado Department of Public Health and Environment is investigating surgical site infections and the transmission of bloodborne pathogens at Porter Adventist Hospital in Denver. Health department officials found problems with how the hospital sterilized surgical tools after orthopedic and spine surgeries. Surgeons may have used contaminated surgical tools on patients. Infections were reported among patients who underwent orthopedic or spine surgeries between July 21, 2016 and April 5, 2018.

The Colorado Department of Public Health and Environment announced that patients who received these surgical procedures may have been at risk of contracting hepatitis B, hepatitis C or HIV. You may contract these viruses through exposure to infected blood.

After the health department found sanitation problems, the hospital temporarily suspended surgeries. Surgeries resumed on Thursday on a limited schedule.

Were You Affected by the Porter Adventist Hospital Sterilization Breach?

Porter Adventist Hospital sent letters to patients affected by the sanitation breach. If you received surgery at the hospital or a letter, then you can receive testing for HIV, hepatitis B or hepatitis C.

While these three viruses are treatable, they are also potentially fatal and can result in severe health complications. Treatments for HIV, hepatitis B and hepatitis C are expensive.

Can I Sue if I Develop an Infection from Surgery?

You may be entitled to compensation if you or a loved one contracted a surgical infection at Porter Adventist Hospital. The Denver medical malpractice attorneys at Lampert & Walsh, LLC can help you determine whether it would be possible to recover compensation. Our law firm is currently investigating claims against this hospital.

You can speak to one of our attorneys during a free consultation by calling 720-489-5848 or by using our confidential case review form. To learn more about our experience handling medical negligence cases, continue to explore our website.