Colorado Springs, Colorado, and its surrounding areas are filled with attractions for residents and visitors alike. From Pikes Peak Highway to Seven Falls, all of El Paso County is a paradise for any lover of the outdoors.
But like anywhere else, Colorado Springs has its dark side too. People get sick, and they get injured. What is truly frightening is the fact that medical error causes about 10% of all deaths in the US, according to a study by Johns Hopkins. If a medical error that causes harm or injury amounts to medical negligence, a medical malpractice case arises.
Who We Are
We are Gerash Steiner, P.C., a firm composed of dedicated, experienced attorneys who absolutely will not allow anyone to take advantage of our clients. All of our lawyers provide effective representation in their particular focus areas of practice, and the world has noticed.
Martindale Hubbell®’s Peer Review Rating™, the nation’s most prominent lawyer rating service, has rated us “AV Preeminent”®—the highest possible rating.
Our Colorado Springs medical malpractice attorneys carry on our long tradition of fighting for the rights of the victims of medical negligence. We have decades of combined trial experience in litigation, and that matters a lot.
Trial experience matters even though most medical malpractice claimants resolve their claims at the bargaining table and never need to go through a trial. Think about it. If you have a lawyer who has not proven that they can win at trial, then the defendant really has no motivation to yield to your requests for settlement. In other words, if your Colorado Springs medical malpractice attorney has a proven trial track record, the defendant is motivated to avoid trial and settle out of court. This gets you the best possible outcome without the hassle, stress, and expense of trial.
The Legacy of Walter L. Gerash
Our partners proudly uphold the lasting legacy of legendary Colorado attorney Walter L. Gerashーespecially Dan Gerash, who happens to be the son of perhaps the most prominent attorney in Colorado history. Walter L. Gerash excelled in medical malpractice, personal injury, and criminal defense, and we do too.
What Medical Malpractice Is (and What It Isn’t)
Not every medical error constitutes medical malpractice. If it did, every doctor would become a medical malpractice defendant several times during their career. Doctors are human, and they are allowed to make mistakes. Otherwise, nobody would aspire to become a doctor.
However, a medical malpractice claim arises when a health care provider’s standard of care falls below a certain professional level. To prove to win a medical malpractice claim in Colorado, you must prove that:
- A doctor/patient relationship existed between the defendant and the patient;
- A certain, precise standard of care applies, depending on the facts of the case and proven by an expert medical witness;
- The defendant’s treatment fell below the applicable standard of care (in other words, the defendant was negligent);
- The patient suffered harm; and
- The defendant’s negligence caused the harm suffered by the patient.
You must prove all five of the foregoing elements by a “preponderance of the evidence.” In conversational English, this means “more likely than not.”
Frequently Asked Questions (FAQs)
What is medical negligence?
Medical negligence occurs when a healthcare professional’s performance falls below the standard of care that the medical profession expects. This standard varies. A general practitioner, for example, is held to a lower standard of care than a heart surgeon. However, any health care professional is held to a much greater standard of care than, say, a layman who performs first aid at the scene of a car accident.
What kind of evidence do I need to prove medical malpractice?
Many different types of evidence may be useful, depending on the circumstances, including:
- The testimony of a medical expert;
- Eyewitness testimony;
- Hospital records and policy documents;
- Diagnostic test results;
- Medical records; and
- Security camera footage.
In many cases, both sides will produce medical experts with opposing conclusions.
What are some examples of medical malpractice?
A few examples include:
- Misdiagnosis;
- Failure to diagnose;
- Failure to order lab tests;
- Removing the wrong organ during surgery;
- Operating on the wrong patient; and
- Prescribing the wrong medication or the wrong dosage.
Many other types of medical malpractice are possible as well.
What are the options if the patient dies from medical negligence?
If the patient dies as a result of medical malpractice, close relatives of the deceased victims can file a wrongful death lawsuit under the Colorado wrongful death statute. Damages can include both economic and non-economic losses caused by the death, such as lost earnings and loss of companionship.
Our Other Practice Areas
In addition to medical malpractice claims, our practice areas include:
- Personal Injury
- Car Accidents
- Criminal Defense
- DUI Defense
- Railroad Accidents
- Estate Planning and Probate
- Fiduciary & Estate Litigation
- Civil Rights
- Appellate Work
Contact us if you need help in any of these areas.
Our Client Says…
“Courteous, professional, persistent until the end, looked out for my best interest, and very kind to me. Those are just a few of the amazing qualities I experienced with Eric, Jeanne, and Dan! If I ever need legal representation in the future, I wouldn’t dream of calling any other firm. I feel like we are family now! Thank you from the bottom of my heart, for EVERYTHING!”
-Dalana Wright.
If We Don’t Win Your Claim, You Won’t Owe Us a Dime
We win almost all of our medical malpractice claims, either in court or (far more often) at the bargaining table. For this reason, we can afford to guarantee that your legal fees will amount to a pre-agreed percentage of however much the defendant actually pays out on your claim. If that amount should turn out to be zero (unlikely, but still possible), that is the total amount that you will owe us for our representationーzero.
Start Preparing Your Claim Today
Medical malpractice claims can be complex, requiring the use of expert witnesses and scientific evidence. Furthermore, doctors tend to fight tooth and nail to defend what they see as an attack on their reputations. The Colorado Springs medical malpractice lawyers at Gerash Steiner, P.C., are ready to confront the health care system to demand fair compensation for you. To schedule a free consultation, call us or contact us online.
Thank you for considering us! Please note, we specialize in cases involving physical injuries. If your situation falls outside this scope, we may not be the best fit to assist you