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Zealous and Determined Advocates
For Personal Injury Clients

Representing Motor Vehicle Accidents and Other Claims

Areas of Practice

Areas of Practice

Skilled and Aggressive Litigators

Fighting for Justice for Colorado Injury Victims

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.

Traumatic Brain Injuries Commonly Caused by Negligence

More than 50,000 Colorado residents suffer from traumatic brain injuries, according to Brain Injury Alliance Colorado. Brain injuries can be caused by participating in athletic activities, falls, car accidents, even bicycle crashes. Injuries sustained can be anything from bumps to concussions, but the end results can be severe, such as coma or death. Commonly, traumatic brain injuries are caused by negligence.

Brain injuries are commonly caused by falls or car accidents. The most common injuries are concussions and contusions. Concussions are usually mild injuries caused by a sudden jolt to the head or neck. This causes the brain to move inside the skull and injure nerves and other necessary components. A contusion, on the other hand, is usually the result of blunt force trauma. The force of impact causes the brain to bleed internally. For mild brain injuries, observation and a few weeks of recovery can help treat the injury. For more severe injuries, emergency surgery could be one form of treatment.

Negligence defines reckless or careless behavior that can result in someone’s injury. Negligence claims will require the injured party to prove that the allegedly negligent party was responsible for their injuries. To win their case, the injured party must show:

  • That the law required the negligent party to act in a careful manner
  • The negligent party did not act with care around the injured party
  • The negligent party’s behavior resulted in the brain injury
  • The injured party suffered injuries measurable under the law

However, proving that negligent behavior caused a brain injury can be quite difficult. Brain injuries themselves can be complicated and can also be difficult to detect. It’s recommended to not only gather as much evidence as possible surrounding the accident and the resulting injuries, but also to contact a personal injury lawyer experienced in brain injury cases. If you, or a loved one, contact a lawyer, be prepared to answer questions surrounding the crash, the injuries sustained in the crash, what medical treatment you received, the doctor’s diagnosis, and any other evidence that could strengthen your case.

If you or a loved one suffered a traumatic brain injury due to someone else’s negligence, contact an experienced attorney today. The personal injury attorneys at Lampert and Walsh, LLC will do their best to get you the compensation you deserve for your pain and suffering.

71st PostGraduates Assembly in Anesthesiology Held in New York City

This past December, the 71st PostGraduates Assembly in Anesthesiology kicked off in New York City. The gathering attracted over 4,000 attendants from around the world, all interested in learning about the latest developments in anesthesia tech and science. The assembly offered over 200 educational sessions, special lectures, and even hands-on workshops for attendees to enjoy. The goal of the assembly was to bring folks together and have them share, expand, or develop new ideas in intensive care, emergency medicine and surgery, and pain management.

During the assembly, symposium director Edmon Cohen led the 4th Annual Thoracic Assembly Symposium, in which attendees were encouraged to take part and learn how to:

  • Manage anesthetic care for patients having invasive airway surgery, including tracheal injuries.
  • Understand recent developments in one-lung ventilation and how to minimize loss of oxygen to the limbs during one-lung anesthesia.
  • Discuss recent innovations in anesthesia for lung transplant patients.

Injuries caused by anesthesia continue to be a problem in the United States. Just recently, a California child lost her life during a dental appointment. According to the report, the child had a negative reaction to the anesthesia during dental procedures causing her heart to stop. While it is true that these types of death fell to about 4.6% in 2013, the rate has stayed consistent since then. Hopefully events such as the PostGraduates Assembly will continue to bring about improvements to medical practices and lower the percentage of anesthesia-related injuries in the near future.

If you’ve been injured due to medical malpractice or negligence, reach out to the experienced lawyers at Lampert & Walsh, LLC. We’ll look over your information and help you make the best decision to move your case forward.

Colorado Child Tragically Loses Life to Pharmacy Error

A Colorado pharmacy has come under investigation after one of its patients tragically lost their life due to overdose caused by a pharmacy error. According to the grieving mother, her child was hospitalized after taking 1,000 times his normal dosage of Clonidine, a medication used to treat Attention Deficit Hyperactivity Disorder or ADHD. The child suffered swelling of the brain and was rushed to the hospital and treated. After being released from the hospital, the child once again suffered the same symptoms in early June and tragically lost their life. The pharmacy which prescribed the 30 mg tablet, instead of the child’s usual 0.3 mg dosage, admitted to having made another mistake in the dosage.

Who is Responsible for Pharmacy Errors?

Pharmacy mistakes commonly involve prescribing the wrong medication, failing to warn a patient about a dangerous drug side effect or, like in the case of the Colorado child mentioned above, prescribing the wrong dosage of medication. When a patient is harmed by a pharmacy error, patients may be able to file a medical malpractice claim. Legal responsibility in these cases can fall to:

  • The doctor who prescribed the wrong medication
  • A pharmacists who prescribed the wrong dosage
  • The drug manufacturing company for selling dangerous drugs

However, patients may find it hard to collect evidence to prove their case. Issues arise in proving that a medical or pharmacy error caused the patient injury, rather than say the  worsening of the original medical condition. It is recommended to reach out to an experienced medical malpractice lawyer to handle these tough cases. Contact us, Lampert & Walsh, LLC for a free consultation. Our lawyers have years of experience handling medical malpractice cases and can assist you in advancing your case.