Building a Wrongful Death Claim After a Surgical Error in Denver
When a preventable surgical error leads to the loss of a loved one, family members are left with a host of burdens. Survivors must contend with emotional pain, financial burdens, and a need for accountability. If you’ve experienced the loss of a family member due to a surgical mistake in Denver, you may have the right to file a wrongful death surgical error claim.
At Leventhal Puga Braley P.C., we understand the difficulties you are facing. Our wrongful death attorneys in Denver are recognized trial lawyers who have built their reputation on representing families in high-stakes medical malpractice cases, including those involving surgical malpractice deaths.
As you are considering your legal options, this guide will help you understand what you need to know about pursuing both wrongful death and survivorship claims, and how to protect your rights.
What Qualifies as a Surgical Error?
A surgical error refers to a preventable mistake that falls below the accepted standard of medical care. When these errors cause fatal complications, they may form the basis for a surgical malpractice death claim or lawsuit.
Examples include:
- Operating on the wrong site or organ
- Leaving surgical instruments inside the body
- Administering the wrong dosage of anesthesia
- Failing to monitor the patient during recovery
- Cutting or damaging nearby structures due to inattention
Wrongful Death Claims and Survivor Actions in Colorado
Colorado law allows two distinct but related types of claims when someone dies due to medical negligence. A wrongful death claim and a survivor action can often be filed together, but they serve different purposes and follow specific legal rules. An experienced trial lawyer can help you determine which approach applies to your situation, or whether pursuing both is appropriate.
Wrongful Death Claim
A wrongful death claim is filed by surviving family members to seek compensation for their personal losses. It includes damages for emotional pain, lost financial support, and other effects of the loved one’s absence. This type of claim recognizes the harm done to the family as a result of the death.
Survivor Action
A survival action is brought on behalf of the deceased person’s estate. It seeks damages the person could have claimed if they had survived, such as pain and suffering endured before death, medical bills, and lost wages during hospitalization. In a survivor action, the personal representative of the estate (often named in the will or appointed by the court) is the one who files on behalf of the deceased individual.
Who Can File a Wrongful Death Claim in Colorado?
Colorado places limits on who can file a wrongful death claim and when it can be filed.
- First Year After Death: Only the spouse of the deceased has the right to file.
- After One Year: Children and designated beneficiaries may also file.
- If There is No Spouse or Surviving Children: The parents of the deceased may be eligible.
What Damages Can Be Recovered?
For Wrongful Death
- Loss of Financial Support: What the deceased would have contributed in income.
- Loss of Benefits: Health insurance, pension, and retirement benefits.
- Loss of Companionship: Grief, pain and suffering, and emotional distress.
- Funeral Expense Compensation: Costs associated with burial, cremation, and memorial services.
For a Survivor Action
- Pain and Suffering Before Death
- Medical Expenses Prior to Passing
- Lost Wages or Earnings Before Death
- Punitive Damages in cases involving gross negligence
Proving Surgical Malpractice in a Wrongful Death Case
To successfully pursue a surgical malpractice wrongful death claim, the plaintiff must establish certain legal elements. First, it must be shown that the healthcare provider owed the patient a duty to follow the accepted standard of care. That means doctors, hospitals, nurses, and other hospital staff adhered to medical practices and procedures widely recognized by professionals in the field.
Next, there must be proof that the provider breached this duty, whether through a mistake or an omission in care. The plaintiff must also demonstrate causation, meaning that the breach in care was a substantial factor in causing the patient’s death.
Finally, the family or estate must show that they suffered measurable damages as a result of the loss, such as financial or emotional harm.
Your Lawyer Will Collect Evidence
Proving a medical negligence claims requires a substantial amount of evidence. Your surgical malpractice attorney will collect the following types of information to support your case:
- Surgical records and charts
- Testimony from medical experts
- Autopsy reports (if available)
- Witness statements from nurses, staff, or other surgical team members
At Leventhal Puga Braley P.C., we retain highly credentialed medical experts to analyze and testify in our cases. We understand what must be proven to establish a successful wrongful death case and how to counter defense strategies that aim to minimize accountability.
The Statute of Limitations in Colorado
For most medical malpractice wrongful death claims in Colorado, the statute of limitations is two years from the date of death.
It’s important to consult an attorney as soon as possible. Delays can put your case at risk and affect the availability of key evidence or witnesses.
Reasons to Choose Our Firm
- Nationally Recognized Trial Lawyers
Our firm is known for its success in high-stakes medical malpractice and wrongful death cases, with verdicts and settlements totaling in the millions. - Proven Track Record in Surgical Malpractice
We have extensive experience handling complex surgical error cases, including wrong-site surgery, anesthesia errors, and post-operative negligence. - Client-Centered Legal Strategy
We offer personalized attention to grieving families while aggressively pursuing justice. - No Fees Unless We Win
Our firm operates on a contingency fee basis; your family owes nothing unless compensation is secured. - Deep Legal Resources and Litigation Power
Leventhal Puga Braley P.C. has the financial strength and legal skills to take on hospitals, surgeons, and insurance companies.
Speak With a Trusted Surgical Error Wrongful Death Lawyer in Denver
Leventhal Puga Braley P.C. is here to fight for justice on your behalf, and to make sure your voice is heard. Let us handle the legal work, so you can focus on healing
Call (877) 433-3906 or (303) 759-9945 to learn more today, there is no charge for your initial consultation.