Fort Collins Medical Malpractice Lawyer

Medical Malpractice attorney in Fort Collins

We depend on doctors, nurses, and other medical professionals to diagnose, heal, and care for our illnesses, diseases, and injuries: furthermore, we expect that they will not harm us. When one of those professionals causes harm to a patient through a negligent act or not doing their job correctly, it’s a traumatic and often life-altering experience for those involved. Medical professionals are bound by the law to provide a standard of care. If you or a loved one has been injured because a medical professional breached their duty to provide a reasonable level of care, you might be entitled to recover damages related to injury or a wrongful death.

Contact the skilled attorneys at Tenge Law Firm online, or call our Fort Collins office at (970) 212-4777 to discuss the details of your case.

What Is Medical Malpractice?

Medical malpractice occurs when a health care facility or medical professional causes injury or harm through a negligent act or omission during any type of medical care. Medical malpractice suits in Colorado, like many other states, are highly complex cases that often require a lawyer to properly navigate the legal system. Some of the specific requirements and conditions of a medical malpractice suit in Colorado include:

Statute of Limitations Colorado has a two-year statute of limitations, with an absolute limit of three years except for medical malpractice suits that fall under these exceptions:

  • If the medical professional knowingly hid his or her negligence.
  • If the medical professional left a foreign object in the patient during surgery.
  • If the injury and its cause are unknown and could not reasonably be known.
  • For parents, if the child was under the age of six when the malpractice occurred, then the parents can file a suit any time prior to their child’s eighth birthday.

Certificate of Review Once your lawyer initiates a malpractice suit and the defendant has been notified, your lawyer has 60 days to file a certificate of review. The certificate must show that your lawyer has contacted a medical expert in relation to the alleged negligence and given them the opportunity to review the case. After reviewing the facts, the expert must conclude that the malpractice suit is viable.

Many different scenarios may fall under the umbrella of medical malpractice. Common examples include:

Liable Parties in Medical Malpractice Cases

The court holds parties liable in a medical malpractice suit when the standard of care was violated, the injury was a direct result of a negligent act, and the injury resulted in damages. A wide variety of medical facilities and medical professionals might be liable in a medical malpractice suit in Colorado, including, but not limited to:

  • Hospitals, nursing care facilities, and other care facilities—Colorado has special rules about nursing homes and mental health care facilities that your lawyer will advise you about if this is your case.
  • Physicians, including specialists such as surgeons, obstetricians, internists, etc.
  • Pharmacists
  • Medical assistants
  • Nurse practitioners, nurses, and nursing assistants

Recoverable Medical Malpractice Damages

If you were injured as a result of the negligence of a medical professional, you might be able to recover damages. It should be noted that the State of Colorado has caps on damages for medical malpractice suits. You may only recover a total of $1,000,000 in total damages and $300,000 cap on non-economic damages. Here are some of the most common damages in medical malpractice cases:

  • Medical bills including hospitalization, doctor visits, radiology, surgery, etc.
  • Future medical bills
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Loss of consortium

The Defense Strategies of Liable Parties

Filing a personal injury suit, especially a medical malpractice suit, may mean that those who are liable will try to avoid paying their fair share. The facility and/or medical professional’s insurance carriers will argue that your injuries aren’t as bad as you claim or they were preexisting conditions. Colorado is a modified comparative negligence state, giving the defense incentive to shift the blame to you. In a pure comparative negligence state, the court assigns a percentage fault to each party if they find the defendant was negligent. Any percentage fault that the court assigns to you will be used to calculate a reduction in your award.

For example, if the court was to award you $800,000, but found that you were 10 percent at fault, you would only receive $720,000. Colorado’s modification makes it so if you are found 50 percent or more at fault for your own injury, you cannot recover any damages. The defense will use a variety of tactics to shift the blame to you, so it is necessary to have an experienced medical malpractice attorney. A good attorney knows how to fight these attacks, so you can help ensure the best possible outcome for your case.

How Much Will a Fort Collins Medical Malpractice Lawyer Cost?

Many personal injury law firms offer a free consultation for you to discuss the merits of your case with an experienced attorney. Once your lawyer decides to represent you, your case will likely be handled on a contingent fee basis. This means that you don’t have to pay attorney’s fees up front, and your lawyer will recover their fees out of any settlement or judgment that the court awards you.

If you or your child has sustained an injury due to medical malpractice, this is a difficult time for you and your family. Concentrate on your rehabilitation and recovery, while you let a knowledgeable attorney deal with the details of your case. In addition to contacting medical experts and attaining a certificate of review, your attorney will investigate your case and interview witnesses if applicable.

Contact the skilled medical malpractice attorneys in Fort Collins at Tenge Law Firm online, or call our office at (970) 212-4777 to schedule a free consultation.