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Medical Malpractice in Colorado

You read about medical horror stories in the newspaper: "Doctor leaves surgical sponge in patient's stomach after surgery." Or you hear about a friend who was misdiagnosed, with doctors failing to catch the real problem until it was too late. Unfortunately, medical mistakes occur with some regularity, often causing lifelong health problems and even death. If you or someone you love has been injured or killed at the hands of a healthcare professional, you should immediately speak to a Colorado medical malpractice attorney.

The Basics of Colorado Medical Malpractice

Medical malpractice is one of the most misunderstood areas of the law. People often assume that malpractice occurs anytime a doctor misdiagnoses you, fails to save a patient or doesn't perform a test that might have caught a particular disease. But that's not the case. It's true that medical malpractice does involve mistakes (often called a "negligent act or omission"). But not all "mistakes" are considered to be malpractice.

In the medical profession, there's something known as the standard of care. The standard of care refers to how a reasonably competent medical professional would treat similar patients in similar circumstances. Let's look at an example to better understand the standard of care:

The risk of developing breast cancer increases with age; a 60-year-old woman is more likely to develop breast cancer than a 20-year-old woman. Similarly, the risk of developing breast cancer is higher among women who have a family history of developing breast cancer. Suppose two 20-year-old women visit the same doctor, both complaining of non-specific symptoms that could be related to a number of diseases, including breast cancer. One woman has no family history of breast cancer. The other woman's mother and sister were both diagnosed with breast cancer under the age of 30. The standard of care might call for the doctor to perform one set of tests on the 20 year old who is at low risk for breast cancer and a different set of diagnostic tests on the 20 year old who is at high risk for developing breast cancer.

The standard of care for a particular disease or illness might vary from region to region, or depending on the age, sex, race, lifestyle and family health history of the patient.

Do You Believe You Have a Valid Medical Malpractice Claim?

To have a valid medical malpractice complaint, your Colorado medical malpractice lawyer must first show that the medical professional violated the standard of care.

Next, your Colorado medical malpractice attorneys will have to show that you were harmed as a result of the mistake. Suppose there's a routine health test that should be performed annually beginning at the age of 50. And suppose you saw your doctor for annual physicals, but he never performed this test until you turned 55. That's a mistake which violates the standard of care. However, when the test is performed at age 55, the results are fine. Were you harmed as a result of the mistake? No. For there to be medical malpractice, you must have been harmed.

If you or a family member thinks you may have a medical malpractice claim, you should speak to Colorado medical malpractice lawyers. Attorneys can review the specifics of your situation and offer an opinion on whether you have a viable case.

Things to Know When Hiring a Colorado Medical Malpractice Lawyer

It's important to understand that most medical malpractice attorneys in Colorado charge a contingency fee. When you hire an attorney on contingency, you pay nothing up front or while the case is in progress. If your medical malpractice lawsuit is successful and you win a settlement or court award, then your attorney is paid a percentage of that money, plus reimbursement for expenses. If you lose your lawsuit and fail to collect any money, you owe the attorney nothing.

Because medical malpractice lawyers must invest time and their own money in a case, they usually only accept cases that are likely to be successful. If you speak to several medical malpractice lawyers in Colorado and none are interested in your case, it may be a sign that your case is weak or not worth pursuing.

Find out more frequently asked questions about medical malpractice.

Find & Hire a Medical Malpractice Attorney in Colorado

If you're ready to hire a Colorado medical malpractice lawyer, you've come to the right website. Attorneys.com has relationships with malpractice lawyers in towns and cities across Colorado, including Denver, Colorado Springs, Boulder and Aurora. If you call us at 877-913-7222 or complete the form on this page, we can quickly connect you with an attorney in your area. Our service is fast and it's free, and there's no obligation to hire a lawyer.

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