Boulder, Colorado, is one of the nation’s major tourist magnets due to its location at the base of the foothills of the Rocky Mountains. Another reason for its popularity is its proximity to the Flatirons, which serve as a symbol of the city.
Like anywhere else, Boulder residents suffer their share of misfortune, including illness, infirmity, and premature death. Sometimes these harmful medical conditions are unavoidable. In many instances, however, they are a consequence of medical malpractice.
Why Can’t I Just Handle the Case Myself?
Medical malpractice claims tend to be scientifically complex. In fact, it normally takes the judgment and testimony of at least one expert medical witness to resolve a claim. This is just as true at the bargaining table as it is in a formal courtroom trial. The defendant (or, more likely, the defendant’s insurance carrier) is not likely to agree to a settlement unless they are afraid you might win at trial. Without a legal practitioner to represent you, it is almost impossible to instill this fear.
Why Gerash Stainer & Blanton, P.C.?
Gerash Steiner Blanton, P.C. is likely to be the right choice to handle your medical malpractice claim for a number of reasons, including:
- We enjoy long working relationships with expert medical witnesses who are equally persuasive before an insurance company or a jury (as are our attorneys).
- Our medical malpractice attorneys know their way around a courtroom because of decades of combined experience. Most defendants and insurance companies would rather settle out of court than risk facing us at trial.
- Martindale Hubbell®’s Peer Review Rating™, the nation’s most prestigious attorney rating service, has rated us “AV Preeminent”®, the highest rating it awards to anyone.
We are dedicated to the practice of standing up for the rights of the medical malpractice victims who trust their claims to us. It’s what gets us out of bed every morning.
The Legacy of Walter L. Gerash
We pride ourselves on continuing the legacy of legendary Colorado attorney Walter L. Gerash, the father of our partner Dan Gerash. The senior Gerash excelled in medical malpractice cases, and so do we.
Frequently Asked Questions (FAQs)
Does Colorado limit the amount of damages you can receive for a medical malpractice claim?
Yes, it does. Colorado applies two limits:
- The per-patient limit for total damages is $1 million each; and
- The cap on non-economic damages (pain and suffering, etc.) is $300,000 per patient.
Colorado applies these limits to keep doctors from passing on higher malpractice insurance premiums to their patients.
Will hiring a professional expert witness damage the credibility of my claim?
Not likely. A professional medical expert witness is usually a current or former doctor who medical malpractice lawyers pay to provide testimony for their clients. This is the norm in medical malpractice lawsuits. If the defense calls any expert witnesses, they will probably be professional witnesses as well.
Can I sue a hospital for malpractice committed by one of their doctors?
In most cases, you cannot sue the hospital. It is true that employers are generally liable for the financial consequences of the on-duty wrongful acts of their employees. The problem is that most doctors are independent contractors, not employees, of the hospitals they work for. However, that usually doesn’t matter because doctors generally carry enough medical malpractice insurance to pay large claims.
What are some examples of medical malpractice?
Some of the most common (or outrageous) examples of medical malpractice include:
- Wrong-site surgery;
- Anesthesia errors;
- Wrong prescription;
- Wrong dosage;
- Failure to diagnose;
- Failure to treat a diagnosed condition;
- Failure to order diagnostic testing;
- Diagnostic testing misinterpretation;
- Failure to notify the patient of a dangerous condition or a condition requiring treatment.
In addition to the foregoing, there are perhaps hundreds of other possible medical errors that could amount to medical malpractice.
What is a Certificate of Review?
A Certificate of Review is a paperwork requirement. Within 60 days of filing a medical malpractice complaint to initiate a lawsuit, your lawyer must submit a statement to the court asserting that:
- They have consulted with a qualified medical expert who has reviewed your medical records; and
- The expert has concluded that your case has “substantial justification” to go forward—which just means that your claim is not frivolous.
The Certificate of Review is designed to discourage frivolous medical malpractice lawsuits.
What are the legal options if someone dies from medical malpractice?
Colorado law allows certain close relatives to file a wrongful death claim against the healthcare professional who was responsible for the death. Damages in a wrongful death claim go to relatives, and they can be quite substantial. Both economic and intangible non-economic damages (grief and sadness, etc.) are available.
Our Other Practice Areas
In addition to medical malpractice claims, our practice areas include:
- Personal Injury
- Car Accident
- Premises Liability
- Criminal Defense
- Domestic Violence
- DUI Defense
- Railroad Accidents
- Estate Planning and Probate
- Fiduciary & Estate Litigation
- Employment Law
- Civil Rights
- Appellate Work
We sometimes handle other types of cases as well.
“There are no words to express my gratitude for Dan and Diane. I reached out to this firm through the messaging feature on the website for Gerash Steiner P.C. and immediately received a response and then Dan called me about 10 min later to go over the details of why I was wanting/retaining a lawyer.
He was extremely empathetic, personable, realistic, professional, listened to my situation, and was most of all truly caring. He listened to my concerns and gave me a realistic expectation of his fees and what to expect before retainment was decided on both parties.
I also spoke to Diane on multiple occasions before and after retaining Dan as my lawyer, and she was just as empathetic, personable, realistic, professional, caring, and so reassuring, which is what I needed most as well.
I want to emphasize the fact that these two individuals gave me faith in a judicial system I lost faith in many years ago, and they fought for me and what was right. I felt heard and validated by them both.”
Kori—May 02, 2021
Contact Our Boulder Medical Malpractice Attorneys Immediately
If you believe that you or your loved one is a victim of medical malpractice, it is time for you to contact Boulder medical malpractice attorneys to discuss your options. Now is the time to act because claims grow stale as evidence deteriorates over time.
The Boulder medical malpractice lawyers at Gerash Steiner Blanton, P.C., are ready to vigorously represent you, and we fear no one. Call us or contact us online to schedule a free consultation.