Medical malpractice is defined as the failure of a healthcare provider to perform his or her medical duties in an adequate manner which results in damages to a patient. Medical malpractice occurs as a result of the negligence or incompetence of the healthcare provider. It can include a failure to diagnose or to treat an illness or a medical condition, as well as a failure to inform the patient about the risks associated with a medical procedure.
The rules that govern medical malpractice are extremely complex and vary from state to state. In Colorado, there are specific regulations that concern medical malpractice. Each should be carefully considered in the case of litigation. The legal field of medical malpractice is among the most difficult to master. Residents of Colorado who are involved in such cases should always seek the help of an expert Denver medical malpractice lawyer.
Some of the most common situations that can be interpreted as medical malpractice are:
The failure to provide a proper treatment for a medical condition
The failure to correctly diagnose a medical condition or the misdiagnosis of a certain condition
The failure to act in a reasonable time in order to prevent the occurrence of injury to a patient
Whenever there is a case of medical malpractice in Denver, the patient should contact a Denver medical malpractice lawyer in order to take the appropriate legal action against the responsible person or entity. Under the laws of Colorado, a Denver medical malpractice lawyer can file a claim against the defendant on behalf of the injured patient within 2 years from the time when the malpractice was discovered or should have been discovered. If a medical malpractice is not discovered immediately, the statutes of limitation assert that the patient has 3 years from the presumed date of the damage to hire a Denver medical malpractice lawyer and begin legal actions against the healthcare provider.
Medical malpractice in Denver regulations state that healthcare providers liable of being accused of medical malpractice include physicians, surgeons, physiotherapists, psychologists, nurses, and other medical staff who can directly alter the state of health of a patient. Litigation in cases of medical malpractice in Denver can also be started against medical institutions such as hospitals and clinics, under the system of vicarious liability.
Medical malpractice in Denver needs to be proven in court with the plaintiff carrying the burden proof. This means that it is up to the plaintiff to provide preponderant proof that the defendant has violated the standard of medical care and is guilty of medical malpractice. In most medical malpractice cases in Denver, experts are called to testify in order to convince the jury that the malpractice occurred as claimed by the plaintiff. Medical malpractice cases are some of the most difficult forms of tort litigation due to their inherent technical complexity. It is crucial for plaintiffs to get legal assistance from a specialized Denver medical malpractice lawyer before even considering opening such legal action.