Denver Medical Malpractice Attorneys
If you have been hurt by a negligent medical provider, doctor, or hospital, we can help you.
Leventhal Puga Braley P.C. is a successful, nationwide medical malpractice firm based out of Colorado. We are here to provide representation for the people who need it most - patients injured by their own healthcare providers. We do not rest until we have done all that we can to help our clients and see justice served. Call (303) 759-9945 or toll-free (877) 433-3906. There is no charge to speak with a Denver personal injury attorney.
First, you must have a doctor-patient relationship with the medical provider. That is, he or she must officially provide you with medical advice or treatment.
Second, there must be negligence in some way that leads directly to your injury or damages. Examples of this would be a doctor reading your test results incorrectly and failing to diagnose cancer, or, as in one lawsuit we handled, a nurse injecting the wrong dosage of a drug directly into a patient’s system, causing heart stoppage that resulted in brain damage.
Medical malpractice encompasses more than just errors during a diagnosis, procedure, or the administration of a medication. By law, doctors and nurses must also communicate with each other and with their patients. Consenting to a treatment does NOT mean you consent to negligence—if a doctor breaches his duty of care for you and seriously injures you, he cannot hide behind the fact that you gave “informed consent.” Informed consent requires doctors to give you information about a particular treatment or test so that you may decide whether or not you wish to undergo it. As the patient, you have the right to make decisions about your own health and medical conditions. For example, a normal risk of surgery is not the same thing as a surgeon failing to wield a scalpel carefully, severing a patient’s nerve and leaving her with lifelong paralysis. If another competent surgeon would not have made the same mistake in that situation, it’s negligence and not protected by claiming the error was a “risk of procedure.”
The bottom line is this: if another reasonable healthcare provider in the same situation would have handled your case differently, without hurting you, then your provider was likely negligent and may be responsible for all associated costs. If you suspect you have a claim, do not delay - states have their own rules and laws which limit the amount of time you have to file a medical malpractice claim, called statutes of limitations. The sooner we can start our investigation and gather evidence in your case, the better.
In Colorado, the statute of limitations for medical malpractice is generally two years. However, it can become a little more complicated depending on the details of your case.
What if the issue is not immediately apparent? For example, say you had surgery, but the surgeon forgot to remove a sponge before stitching you back up and ending the surgery. That is certainly a problem, and can lead to serious injury, but may not be obvious right away. What if you don’t know that sponge is there until two years after the surgery? This is where the discovery rule comes into practice.
Under the discovery rule, the two year time limit doesn’t start until after you know you have been a victim of medical malpractice. So, in our example above, until you know that the sponge has been left in you by your surgeon there is no time limit. Once you discover the sponge – perhaps you’ve been in constant pain and get an x-ray to try and find the cause – then you have two years to file a claim of malpractice.
Now that you know your surgeon left a sponge inside of you, and that it has been causing you chronic pain and internal injury, you may decide to file a claim of medical malpractice, as is your right. However, in Colorado, there is a very important step you must follow. Within 60 days of your claim, you must file a certificate of review.
This certificate is meant to prevent unnecessary medical malpractice claims slowing down the courts. The certificate must be approved by a physician who is an expert in the same field as the negligent physician, and it must show that the claim does not lack merit and you are justified in seeking compensation. Many states have adopted this type of tort reform.
If you or a loved one have been involved in an instance of medical malpractice, it is in your best interest to contact an experienced attorney as soon as possible. Two years may seem like a long time, but you don’t want to risk your time running out.
In order to demonstrate medical malpractice in Colorado you must prove:
- Legal duty of care by the physician
- A violation of that duty
- Injury to the plaintiff
- The breach of standard of care was a cause of injury, damages, or loses
It can be hard to even know if you have a case. Contact our attorneys at Leventhal Puga Braley P.C. for a no charge initial consultation to see if you can file a claim of medical malpractice.
Many states have caps, or limits, on how much you can be awarded in a medical malpractice claim. Colorado is no different. For economic damages, such as medical bills or lost wages, the court limits compensation at $1,000,000, but there are some cases where this limit can be broken. Should the court find that it is unfair to the victim, often due to high medical costs, they may allow damages that exceed $1,000,000.
For noneconomic damages, like pain and suffering or lowered quality of life, the Colorado cap is set at $300,000. Other states have no limit and allow the jury to compensate you according to the evidence.
At Leventhal Puga Braley P.C. we have been practicing for over 40 years and our cases have won national media attention. Our attorneys have backgrounds in medicine, education, criminal justice, and more; and we work as a team to tackle the following:
Case Study: Wrong Dose
Our client was born with a common congenital heart defect. At only 4 days old, she headed to the operating room for corrective surgery. But it went horribly wrong. Staff at Children’s Hospital Colorado gave her the wrong dose of prostaglandin, which sent her into cardiac arrest. For 33 minutes, they were unable to resuscitate her. As a result, this little girl suffered brain damage, including cerebral palsy and cognitive disabilities. When she was 7 years old, we took the case to court and received a jury verdict of $17.8 million. "Words cannot express how grateful we are that Leventhal Puga Braley P.C. has made it possible for our daughter to receive the lifelong care she will need," said her mother.
Case Study: Paralyzed after an Injection
Our client went into an ambulatory surgery center to treat her back pain. She came out a paraplegic. Doctors at the center used a drug called Kenalog, which contained a warning that it could cause serious injury or death if administered by epidural injection. Our client suffered permanent paralysis from the waist down within minutes of receiving the drug by epidural. After we argued her case in court, the jury awarded her $14.9 million.
Medical malpractice claims are difficult and injured people require experienced, knowledgeable attorneys to be on their side. Juries naturally tend to side with doctors in medical malpractice claims. However, the odds greatly increase in a victim’s favor with the right evidence and know-how to use that evidence. We specialize in representing plaintiffs in tough cases. Our trial lawyers are the elite of their breed. They complete relentless preparation, think on their feet, speak clearly to lay audiences, understand and describe all the complex medical issues at hand, and have the tenacity to take on doctors, hospitals, and insurance lawyers.
Our clients deserve the best treatment and excellent representation - and we pride ourselves on providing that service to you and your family. We want you to feel comfortable during the litigation process. We will research and study your case, bringing in our network of medical experts on your injury, while explaining things to you each step of the way. We deal with all the legal back-and-forth with the hospitals and insurance companies while you concentrate on healing.
There is no charge for an initial consultation or questions and we only get paid if you receive a settlement or verdict. To speak to an experienced medical malpractice attorney at our firm, please call (303) 759-9945 or toll-free (877) 433-3906.
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