Arvada Medical Malpractice Lawyer

Arvada Medical Malpractice Attorney

Thousands of people in Arvada and surrounding communities of Colorado trust all types of medical professionals to provide safe, effective treatment every day. Although most medical professionals in Arvada do their utmost for their patients and abide by the correct standard of care at all times, others do not. Medical malpractice happens when a doctor or other medical professional harms a patient through negligence or intentional misconduct.

Experienced Legal Counsel for Medical Malpractice Cases in Arvada, CO

If you recently suffered harm due to medical negligence, this may form the foundation of a medical malpractice suit. While a medical malpractice case is technically a type of personal injury claim, there are special rules that apply strictly to medical malpractice. You must understand the procedural requirements of your case and the value of having legal counsel you can trust on your side.

Cheney, Galluzzi & Howard can provide the compassionate and responsive legal counsel you need to confront your medical malpractice case with confidence and peace of mind. Our team routinely provides legal representation to victims of medical malpractice and other personal injuries in the Arvada area, and we can apply this experience to your case. The sooner you connect with our team, the sooner we can begin gathering the evidence you will need to succeed with your medical malpractice suit.

Building Your Medical Malpractice Claim in Arvada

The term “standard of care” is central to the majority of medical malpractice cases filed in the state each year. The standard of care is the level of medical treatment a diagnosis requires based on the consensus of the professional medical community. There is a standard of care for every known medical condition, and all medical professionals are legally required to stick to their patient’s standard of care in every case.

Medical malpractice happens when a medical professional deviates from the standard of care without a good reason or if they are negligent and fail to meet the standard of care due to their negligence. A few of the most commonly cited forms of medical malpractice are:

• Injuries to a mother and/or her child during childbirth. Any childbirth injury has the potential to cause lifelong disabilities for the infant.
• Negligence in prescriptions causing adverse reactions or interactions with multiple drugs. Prescribing doctors must ensure the accuracy of their prescriptions, and pharmacists must fill prescriptions correctly.
• Surgical errors. Any surgical procedure entails a degree of risk, but if the surgeon incompetently performs an operation, leaves surgical tools or medical devices inside a patient’s body, or performs the wrong procedure on the wrong patient, these actions can have severely damaging outcomes.
• Misdiagnosis, failure to diagnose, and other failures in the diagnostic process.
• Emergency room errors, such as failing to render care to a patient in critical condition in a timely fashion.
• Performing the wrong procedure on the wrong patient due to miscommunication among medical staff or mishandled patient records.

These are a few possible examples of medical malpractice that can lead to a civil suit. If you don’t know if a recent injury suffered during the course of medical treatment in Arvada qualifies as malpractice, it is essential to consult an experienced Arvada medical malpractice attorney as soon as possible.

You have a limited time in which to file your medical malpractice suit. The state enforces a two-year statute of limitations for most medical malpractice claims, but this can be extended in some cases. If it takes time for the effects of malpractice to noticeably appear, the statute of limitations may increase to three years from the date the injury occurred. Alternatively, if the defendant concealed their malpractice or if a surgical instrument was left inside the victim’s body, the statute of limitations may begin when the effects of the malpractice become noticeable.

There are other procedural requirements that you must meet for your medical malpractice suit aside from the statute of limitations. You must also secure a certificate of review from a qualified medical professional who can attest to how the incident you experienced qualifies as medical malpractice. You must also secure proof of the damages you suffered before filing your claim.

Recovering Compensation for Medical Malpractice in Arvada

The main objective of any personal injury claim is for the plaintiff to hold the defendant accountable for the harm they caused and to secure compensation for their damages. Similar to other types of personal injury cases, the plaintiff has the right to seek compensation for both economic and non-economic damages caused by the defendant. However, state law limits how much compensation they can claim, regardless of the severity of their experience.

Your Arvada medical malpractice attorney can be invaluable for helping you maximize your recovery. They can assist you with gathering the documentation needed to prove the additional medical expenses you incurred from your injury and the amount of income you were unable to earn due to the defendant’s actions. They can also help determine a suitable amount of pain and suffering compensation to seek from the defendant.

Ultimately, state law will limit how much compensation a plaintiff can win from a defendant in a medical malpractice case, but this does not mean that it isn’t worth pursuing a medical malpractice suit. Your successful claim may not only yield compensation you need to recover but also potentially prevent others from facing similar experiences in the future.

When you hire Cheney, Galluzzi & Howard as your legal team, our goal is to help you maximize your recovery in the most efficient manner possible. We take time to learn as much as we can about every client we represent and to help them understand the unique legal challenges they may face in their case proceedings. We will aim to settle your medical malpractice suit swiftly if possible, but we will not hesitate to take your case to court if necessary. Whatever your medical malpractice suit entails, our firm is ready to provide the compassionate legal counsel you need on your side.

FAQs About Arvada, CO Medical Malpractice Laws

Q: What Is the Damage Cap for Medical Malpractice?

A: Colorado law restricts the compensation a plaintiff can recover from a medical malpractice case. They may only claim up to $300,000 for their pain and suffering, and the total of their damages, including economic damages, may not exceed $1 million. Having an experienced Arvada medical malpractice attorney represent you is the ideal method for securing as much compensation as you can under these limitations.

Q: How Do I Obtain a Certificate of Review for Medical Malpractice in Arvada?

A: You will need to submit a certificate of review to the defendant in your case no later than 60 days from the date you file the case in court. This certificate needs to be completed by a medical professional who holds similar credentials to the defendant in your case. Your Arvada medical malpractice attorney can help you secure the certificate of review you will need to support your claim and guide you through all the procedural requirements of your case.

Q: What Is the Colorado Candor Act?

A: This law enables healthcare professionals, medical facilities, hospitals, and other treatment centers to voluntarily engage in discussion regarding adverse healthcare events. When a patient suffers any type of harm from medical negligence, the Candor Act allows the parties involved to discuss and investigate the matter for the purpose of preventing similar issues in the future.

Q: How Long Will It Take to Resolve My Medical Malpractice Case in Arvada?

A: The time your case could require to complete depends on whether the defendant accepts liability for their actions and agrees to a settlement. A private settlement negotiation process may only take a few weeks to complete if you have an experienced attorney on your side. Otherwise, your case will need to be resolved in court. Litigation can take much longer, potentially several months. Your Arvada medical malpractice attorney can offer an estimate of how long your case could take to conclude.

Q: What Are Attorney Fees for an Arvada Medical Malpractice Attorney?

A: When you hire Cheney, Galluzzi & Howard to represent your medical malpractice case, we will not make your financial situation more difficult with overly expensive legal fees. We take these and other personal injury cases on a contingency fee basis. Your fee will be a portion of your total case award, and you only pay this fee if and when we win your case. There is no fee at all if we are unable to secure compensation for your damages for any reason, so there is no risk in hiring our firm to represent you.

The attorneys at Cheney, Galluzzi & Howard have years of professional experience representing Arvada-area clients in a wide range of personal injury cases, including those that fall within the purview of medical malpractice law. If you or someone you love is struggling with the effects of medical malpractice, we can help. Contact us today and schedule a free consultation with our team to learn more about the professional legal services we provide.