It can be a shocking and traumatic experience to suffer an injury while under the care of a doctor, surgeon or other medical professional. Patients place an enormous amount of trust in medical professionals and when that trust is broken by negligence or carelessness, the results can be devastatingly painful, costly and time-consuming.
If medical negligence has caused your injury, disfigurement or other harm in the Cherry Creek, Aurora, Denver or Colorado Springs, CO areas, contact our medical malpractice lawyers at Leventhal Lewis today by completing the form on this page to schedule a free consultation.
Our experienced medical malpractice lawyers will aggressively pursue your claim to obtain the maximum compensation for your injuries, including medical expenses, lost wages, lost earning capacity, pain, suffering and emotional distress.
Do I Have a Medical Malpractice Case?
Doctors, nurses, medical specialists, hospitals, nursing homes and other healthcare providers have an obligation to provide care that meets clear standards. The standard of care is measured by the way other members in the profession would act under similar circumstances. If a medical professional fails to meet the standard of care, he or she is considered negligent and can be liable for malpractice.
In Colorado, there is a cap of $300,000 on non-economic damages such as pain and suffering, loss of consortium, disfigurement and physical impairment. Colorado law places a $1,000,000 cap on total damages. However, the court can exceed this cap upon a showing of good cause, which is that the economic damages will exceed the cap.
Our firm is specially equipped to successfully handle your medical malpractice case. Sean Leventhal worked for several years at one of the most esteemed medical malpractice law firms in the country. In 2015, he was trial counsel in a case where he helped his client attain a jury verdict of $17.8 million, the largest medical malpractice verdict in the history of Colorado.
Types of Medical Malpractice
Our medical malpractice lawyers help injured patients in Denver, Aurora and Cherry Creek recover compensation for claims stemming from a variety of medical negligence including:
- Failure to diagnose
- Delayed diagnosis
- Doctor negligence
- Nursing negligence
- Specialist negligence
- Hospital negligence
- Nursing home negligence
- Dentist negligence
- Anesthesia negligence
- Surgical errors
- Emergency room errors
- Medication errors
- Pharmaceutical injuries
- Birth injuries
How Long Does it Take to Settle a Medical Malpractice Case?
According to a study published by the New England Journal of Medicine, the average medical malpractice claim takes around five years to settle. This is longer than other types of personal injury claims, which often take just one to two years.
Because each claim is different, it can be difficult to determine how long a medical malpractice claim may take without first speaking to a lawyer. The best way to get a fair gauge of how long your claim will take is through a legal consultation.
How are the Lawyer Fees for a Medical Malpractice Case Determined?
Your medical malpractice lawyer should work on a contingency basis. This means that your attorney will be paid only after you have secured a verdict or settlement. The amount of this payment should be determined prior to hiring an attorney.
Bear in mind that some attorneys charge interest on their contingency fees. This can impact your final settlement in unexpected ways. Leventhal Lewis does not charge interest on contingency fees. With us, the percentage we agree to upfront will be your fee. There are no surprises or hidden fees.
Who can File a Medical Malpractice Claim?
In the state of Colorado, victims of medical negligence have the right to file a medical malpractice claim. Parents of minor children are entitled to file a claim as well. New adults, injured as children, may also have the right to take legal action.
In cases of wrongful death resulting from medical malpractice, various family members or a representative of the estate will be eligible to file suit.
The best way to learn if you can file a medical malpractice claim is by bringing it to a qualified and experienced attorney. Your initial consultation, to review your claim, should be completely free of both cost and obligation, giving you the opportunity to learn about your rights without having to worry about anything else.
How Long After the Initial Event do I Have to File a Medical Malpractice Lawsuit?
In the state of Colorado, you typically have two years from the date of discovery to file a medical malpractice claim. The date of discovery is the date you first realized you have been injured due to medical error or negligence.
There are some exceptions to the medical malpractice statute of limitations in Colorado, but it is never a good idea to wait to take action. Contacting an attorney as soon as you find out about an injury can improve your chances of a successful claim.
How can a Medical Malpractice Claim be Proven?
To establish that medical negligence has occurred, an investigation will be conducted into your injury. Medical records will be reviewed, experts will be contacted for their opinions, and witnesses will be interviewed. It is the job of your attorney to prove that malpractice has occurred.
The defense will also have witnesses, experts, and investigators working on their behalf to disprove your claim. This is one of the biggest reasons to hire a medical malpractice lawyer. Without assistance, proving your claim may prove impossible.
Contact Our Dedicated Medical Malpractice Lawyers
At Leventhal Lewis, you will find compassionate and experienced medical malpractice lawyers who will listen to your unique circumstances, review your claim, evaluate the likelihood of success and guide you through your entire legal journey. Our main focus is to ensure you receive the justice and compensation you deserve.
Hospitals don’t back down from medical malpractice cases and neither do we. From the moment we accept your case, we plan on the inevitably of eventually going to trial. If we don’t think you have a strong case to stand up in court, we’ll tell you right away. We work on a contingency basis, which means that you owe us nothing for our legal services unless we lead you to a successful outcome of your claim.
If you’ve been injured in the Aurora, Cherry Creek, Denver, or Colorado Springs areas and need a medical malpractice lawyer you can trust, contact Leventhal Lewis today to discuss your case for free. We welcome patients from throughout Colorado.