If you are looking for an outstanding Arvada medical malpractice law firm to represent you, then you’ve come to the right place. Gerash Steiner Blanton, P.C. is not your average law firm. On the contrary, we are a one-of-a-kind team that offers top-tier legal services.
Several things help us rise above the competition. For one, both our attorneys and our firm have won countless awards. One of our lawyers, Daniel Gerash, was chosen by his peers to serve on the Board of Directors for the Colorado Trial Lawyers Association (CTLA) and the Colorado Criminal Defense Bar. On top of that, U.S. News included Mr. Gerash on its list of “Best Lawyers in America” for over 10 years in a row, and Martindale-Hubbell gave Mr. Gerash its prestigious AV Preeminent rating.
Another special trait of our attorneys is that they can help you understand your medical situation. Attorney Eric Steiner is not only a successful legal practitioner—he is also a licensed medical doctor. Before becoming an attorney, Dr. Steiner practiced cardiac anesthesiology for nearly 20 years, ensuring that all of his patients received the best medical care possible. With his unique background, Dr. Steiner outshines other lawyers because he has a much deeper and fuller understanding of the medical evidence in your case.
Yet another special trait of our Arvada medical malpractice lawyers is that we are incredibly successful at helping our clients win. For instance, attorney Michael Blanton has helped his clients secure more than $40,000,000 during his more than 20 years of practice. Very few lawyers in the country, let alone the Denver metro area, can make the same claim.
Finally, our Arvada medical malpractice attorneys are dedicated members of the Denver area. Our team proudly carries the torch and strives to expand upon the legacy of the legendary Walter Gerash, a giant in the world of criminal defense law.
Whatever your situation, our team at Gerash Steiner Blanton, P.C. will keep your best interests in mind. If you have experienced some form of hospital negligence, we will go to the greatest lengths to fight for your rights. Get in touch with us today.
Understanding the Key Elements of a Medical Malpractice Claim
One of the questions that our team of Arvada medical malpractice attorneys often receives is, How do I win a medical malpractice case? To win a medical malpractice case, you have to prove three key elements.
Element #1—Your Healthcare Provider Owed You a Legal Duty of Care
This element is often the easiest to prove. Doctors owe all of their patients a certain standard of care. For physicians, Colorado law requires that they provide their patients with the same level of care as any “reasonably careful physician of the same school of medicine.” That said, almost all healthcare providers can be sued for medical malpractice, including:
- Nurse practitioners,
- Physician’s assistants,
- Physical therapists, and
This is not an exhaustive list. When any healthcare professional causes you harm because of their negligence, you have a right to be compensated for your losses.
Element #2—Your Healthcare Provider Breached Their Duty of Care
There are an endless number of ways that healthcare providers can violate their duty of care to a patient. Examples include the following:
- Your psychologist prescribes you the wrong medication for a mental illness;
- Your physician performs a medically unnecessary surgery;
- Your physical therapist gives you incorrect medical advice because they are under the influence of an intoxicating substance;
- Your cardiologist fails to interpret an Electrocardiogram (EKG) test property; and
- A laboratory technician destroys or damages your blood test sample.
Not all mistakes or medical errors constitute a breach of care. Rather, the circumstances should indicate that your healthcare provider demonstrated some level of negligence or recklessness.
Element #3—Your Healthcare Provider’s Actions Caused Your Injury
Sometimes, a medical mistake fails to cause injury. For instance, suppose your pharmacist negligently gives you Tylenol even though your prescription calls for aspirin. If the Tylenol still treats your symptoms and does not cause you harm, your pharmacist’s negligence would not be grounds for a medical malpractice claim. On the other hand, if you suffer from weeks of painful hives because you have a documented allergy to Tylenol, then you could have a good medical malpractice claim against the pharmacist.
Sometimes, the effects of medical malpractice are obvious and immediate. At other times, however, they can take weeks or months to develop. In such situations, an expert medical malpractice lawyer can collect evidence that ties the healthcare provider’s mistake directly to your injury.
What Types of Damages Can I Receive in a Medical Malpractice Case?
Our clients are frequently curious about whether they can recover for all of their losses. Fortunately, Colorado law allows victims to be paid for almost any kind of loss. But these losses tend to fall into just a few general categories.
Economic damages allow the victim to receive compensation for their tangible monetary losses. Examples of economic damages include things like:
- Past medical bills;
- Future medical bills;
- Physical therapy costs; and
- The cost of prescription drugs.
Economic damages also encompass any and all lost wages that stem from medical malpractice. Depending on the circumstances of the case, victims can receive compensation for both their past lost wages and for lost wages that are reasonably expected to occur in the future.
General (or Non-Economic) Damages
Aside from demonstrable losses, victims can receive compensation for losses that cannot be as easily measured. These damages are referred to as general damages. Examples of non-economic damages include pain and suffering, emotional trauma, and disfigurement.
Unlike other damages, punitive damages are not intended to compensate for suffering. Instead, they focus on holding the defendant responsible for their acts by punishing them. However, punitive damages are not available in all medical malpractices. Instead, courts award punitive damages only when the defendant has acted in a particularly egregious manner.
Let Our Arvada Medical Malpractice Lawyer Help You Get Your Life Back on Track Today
If you have been the victim of medical malpractice, then it’s time you stood up for your rights. When you work with Gerash Steiner Blanton, P.C., we will dedicate ourselves to defending your interests and holding the responsible parties accountable. We have multiple offices throughout Colorado and are proud to represent Arvada. Let our expert Arvada medical malpractice attorneys give you the legal representation you deserve. Give us a call today, or contact us online to set up a free consultation.
Our experienced legal team handles other types of cases as well, including: