Fort Collins Medical Malpractice Attorneys

Medical Malpractice Lawyer Fort Collins

Medical error is an urgent public health crisis and a leading cause of injury and death in the United States. If a negligent medical provider or hospital has hurt you, we can help. With more than 20 years of hands-on practice as an attorney and over 17 years as a cardiac anesthesiologist, Eric Steiner of Gerash Steiner Blanton, P.C. understands the science, background, terminology, and procedures standard in the medical field. His experience in both law and medicine gives him a unique outlook and a significant command of medical malpractice issues.

Gerash Steiner Blanton, P.C., is here to represent people who have been injured by their healthcare providers. With over 75 years of combined experience, we can inform you of your rights while helping you understand the legalities of your situation. We strive to offer our clients dedicated advocacy to obtain the best possible results for their medical malpractice claims. Contact us today.

What Is Medical Malpractice?

Medical malpractice is an act or omission by a physician during patient treatment that deviates from the reasonable and accepted norms of medical practice and causes an injury to the patient. It is a legal cause of action that occurs when a medical or healthcare professional deviates from standards in their profession through a negligent act or omission. The negligence might arise from diagnosis, treatment, aftercare, or health management errors.

Here are some examples of claims that Fort Collins medical malpractice attorneys take on.

Birth Injuries

Factors outside of a doctor’s control can cause a birth injury. Still, a doctor has a duty to do everything possible to exercise a reasonable degree of care to reduce or avoid the risk of injury. The improper use of forceps, failing to monitor a baby before birth properly, and failing to perform an emergency C-section are all actions that can lead to birth injuries. Some of these injuries include but are not limited to cerebral palsy, Erb’s palsy, other brachial plexus injuries, breech birth injuries, and cesarean delivery injuries.

Surgical Errors

Surgery requires a high degree of care. Unfortunately, anesthesia errors, catheter errors, infections, leaving surgical equipment within a patient, operating on the wrong patient or wrong body part, scalpel errors, and post-surgical errors can all occur when a doctor breaches their duty of care.

Hospital Negligence

When a hospital is the direct employer of nurses and other healthcare professionals, it can be sued if one of its employees acted in a negligent manner. In such situations, the hospital or other healthcare facility is likely responsible for any injuries that result from the negligent actions of one of its non-physician employees. Moreover, the hospital might be liable if it failed to properly train and supervise its employees, resulting in injury to a patient.

Medication Errors

Medication errors harm at least 1.5 million people a year. Medication errors include failing to ask a patient about drug allergies or prescribing the wrong medication or dosage. They can also involve giving the wrong medicine to the wrong patient or failing to monitor the patient for reactions. Giving a patient medication that reacts dangerously with other drugs the patient takes is also a common error.

Can I File a Medical Malpractice Lawsuit?

You must have a doctor-patient relationship with the medical provider who officially treated you to file a medical malpractice claim. That medical provider must then have acted in a negligent way that led directly to your injury or damages. Essentially, if another reasonable healthcare provider in the same situation would have made a different decision, the provider in question likely acted negligently.

In short, to establish medical malpractice in Colorado, you must prove:

  • The provider had a legal duty of care which is the standard medical treatment accepted and recognized by others in the profession;
  • The provider violated that duty;
  • The provider’s breach resulted in significant damages such as disability, unusual pain, suffering, or loss of income; and
  • The provider’s breach of the standard of care was the cause of your injury, damages, or losses.

In Colorado, a hospital is legally responsible for the negligence of hospital employees, such as nurses, technicians, or therapists. Hospitals are not usually liable for doctors. However, doctors are required to carry their own separate medical malpractice insurance.

What Is Informed Consent?

Informed consent means a doctor must give you enough information about treatments, tests, or procedures to allow you to decide whether you wish to proceed. Consenting to treatment does not equate to consenting to negligence. If a provider breaches his duty of care and you are seriously injured, informed consent is not a defense. First, a patient has the right to make decisions about their health. Furthermore, if another competent provider would not have made the same mistake or choices in the same situation, the negligent provider isn’t protected by claiming the patient knew the procedure’s risks. Fort Collins medical malpractice lawyers can help you sort through issues like informed consent and how they impact your medical malpractice claim. 

What Is the Colorado Statute of Limitations?

The Colorado statute of limitations for medical malpractice is two years. This means you cannot file a medical malpractice claim after those two years pass. So what happens when you suffer from injuries that aren’t immediately apparent? The two-year time limit starts accruing only after your medical malpractice occurred. 

Contact Gerash Steiner Blanton, P.C. 

Medical malpractice claims are complex affairs that require the help of experienced, knowledgeable Fort Collins medical malpractice lawyers. At Gerash Steiner Blanton, we believe our clients deserve the best treatment and excellent representation. We pride ourselves on providing that service and offer free initial consultations to all injury victims. Don’t put off acquiring the legal counsel and representation you need. Call Gerash Steiner Blanton today to speak to a medical malpractice attorney.

Our experienced legal team handles other types of cases as well, including: