Grand Junction Medical Malpractice Attorneys
Medical errors occur all the time. If you or a loved one has been seriously injured by medical malpractice, you are entitled to compensation for your injuries and attempt to be made whole again.
Having an aggressive legal team fighting for your rights is the best way to receive the fair and full compensation you deserve. Also, taking action with a medical malpractice lawsuit to hold the at-fault parties responsible for their negligence may help prevent future medical malpractice injuries. The Grand Junction medical malpractice lawyers at Gerash Steiner, P.C. have been successfully representing injured victims of medical negligence for the past several decades.
One of our partners, Eric Steiner, M.D, has the special background of being an experienced physician with 17 years of experience as a cardiac anesthesiologist, as well as a skilled medical malpractice lawyer who focuses on representing seriously injured victims with medical malpractice claims. His unique knowledge of the medical profession, the standard of care, and the role of clinical practice guidelines, along with understanding the science behind these standards, gives our practice a significant advantage in understanding medical malpractice cases and representing victims and their families. Contact us today.
Medical Malpractice Claims in Colorado
Medical malpractice negligence can cause significant injuries, including catastrophic injuries—even death. Experienced medical neglect lawyers know that these cases can be extremely difficult and complex, but they also understand how hard it can be for the family of someone who’s been seriously injured by their treating medical professional.
While hospitals cannot “practice medicine,” they nevertheless have a duty to properly train and supervise their non-physician employees who provide care to patients. This means that they can be held accountable for not meeting this requirement under certain conditions and circumstances.
Examples of Medical Malpractice Cases
The medical malpractice attorneys Gerash Steiner Blanton have been successfully representing seriously injured medical negligence victims for decades. During this time, we have helped clients through many types of medical injuries and conditions caused by the negligence of doctors. Here is a sampling of the common medical malpractice cases that we often handle in our Grand Junction medical negligence law practice:
- Chiropractic Negligence—Chiropractors have a standard of care they must follow just like any other medical professional. If a chiropractor fails to follow the standard of care and causes an injury, they can be held responsible for the injuries. Chiropractors can violate their standard of care by improperly diagnosing a medical condition, attempting unproven treatments, failing to refer a patient to a specialist, not receiving informed consent from the patient before treatment, and improper or dangerous manipulation of the body.
- Misdiagnosis—A doctor can sometimes be wrong with a diagnosis but still not breach the standard of care. Not every misdiagnosis is negligence; occasionally, even excellent doctors get a diagnosis wrong. But doctors are held to a standard of care to make sure that they use proper methods to achieve a proper diagnosis. A doctor breaches the standard of care if they fail to refer a patient to a specialist when needed, fail to correctly read test results, fail to order the proper diagnostic tests, or commit other acts of malpractice.
- Medication Mistakes—Patients can be seriously injured when prescribed the wrong medication or the wrong dosage of a medication. With so many medications being used in modern medicine, medical professionals have to be extremely careful about what is prescribed and giving the proper dosage. Doctors also have to be careful regarding the timing of when medication is being taken. Finally, a major medication mistake is prescribing a drug that is dangerous when combined with other medications the patient is taking.
- Birth Injuries—One of the hardest medical malpractice cases is one involving birth injuries. Although it’s supposed to be a wonderful time in a new family’s life, it can turn a family upside down when a birth injury occurs due to a doctor’s negligence. Even though there is always a small risk to a newborn during the birthing process, a doctor has a duty to do everything possible to reduce or avoid the risk of injury and to exercise a reasonable degree of care. Common birth injury negligent actions can include the improper use of forceps or a vacuum extractor, failing to properly monitor a baby prior to birth, or failing to perform an emergency C-section.
- Surgical Malpractice—Some surgical procedures can be very complex—giving rise to the potential for many mistakes being made. Dozens of things can go wrong in surgery. Medical errors can happen with anesthesia, cutting blood vessels, leaving equipment and tools inside a patient, or even operating on the wrong body part.
But these are just some examples of common medical errors. Even though your case may not be listed above, it still could be considered a breach of the standard of care and medical negligence.
Hypothetic Medical Malpractice Claims
Misdiagnosis Resulting in Delayed Treatment: A Colorado resident visits their primary care physician with concerning symptoms. Despite exhibiting clear signs of a serious medical condition, the doctor fails to accurately diagnose the issue, leading to a significant delay in appropriate treatment. As a result, the patient’s condition worsens, requiring more aggressive and costly medical interventions. The delayed diagnosis not only exacerbates the patient’s suffering but also increases their medical expenses and impacts their ability to work or enjoy the normal activities of life.
Anesthesia Error Resulting in Brain Damage: During a surgical procedure in a Colorado hospital, an anesthesiologist administers anesthesia to a patient. However, due to negligence or improper monitoring, the patient receives an incorrect dosage or experiences complications during the administration of anesthesia. As a result, the patient suffers from hypoxia (lack of oxygen) leading to brain damage or other serious neurological injuries. The patient requires extensive medical treatment and rehabilitation to address the resulting cognitive and physical impairments. The negligence of the medical staff in administering anesthesia has caused significant harm to the patient, warranting a medical malpractice claim to seek compensation for their damages.
Medication Error Causing Adverse Reactions: A Colorado patient is prescribed medication by their healthcare provider to manage a chronic condition. However, due to a pharmacy error or negligence in administering the medication, the patient receives the wrong dosage or medication, resulting in severe adverse reactions and complications. The patient incurs additional medical expenses for treatment of the adverse effects and suffers physical and emotional distress as a result of the error.
Elements Required for a Successful Medical Malpractice Claim:
- Doctor-Patient Relationship: The patient must have established a doctor-patient relationship with the healthcare provider accused of negligence.
- Breach of Standard of Care: The healthcare provider must have breached the standard of care expected in their field. This means their actions or inactions deviated from what a reasonably competent provider would do under similar circumstances.
- Injury or Harm: The patient must have suffered an injury or harm directly resulting from the healthcare provider’s breach of the standard of care.
- Causation: There must be a direct link between the healthcare provider’s negligence and the patient’s injury or harm. The negligence must be a substantial factor in causing the harm.
- Damages: The patient must have incurred measurable damages as a result of the injury or harm. These damages can include medical expenses, lost income, pain and suffering, and other losses.
- Statute of Limitations: The claim must be filed within the statute of limitations period set by the state, which dictates the time frame within which a lawsuit must be initiated after the alleged malpractice occurred or was discovered.
What Is the Colorado Statute of Limitations on a Medical Malpractice Claim?
Every case has a time limit from when you have to file a lawsuit. This is called a statute of limitations. The statute of limitations for Colorado medical malpractice cases is two years from the date of the negligent act. If a lawsuit is not filed within those two years, the injured victim will be barred from recovering any compensation for their injuries.
However, the two-year time limitation can be extended if the victim did not know about the negligent act until later. In that case, the two-year clock begins ticking from the date that the victim knew or should have known about the negligence. For example, let’s say a doctor negligently leaves a gauze inside a patient during the surgery, and it takes many months of complaints and symptoms for them to become aware of the error. The statute of limitations time frame wouldn’t start until they knew about the leftover gauze that caused the injury.
Obtain Your Free Legal Consultation with Our Grand Junction Medical Malpractice Attorney
The Grand Junction medical malpractice attorneys at Gerash Steiner Blanton are highly respected in the legal community, including an AV® Peer Review Rating™ from Martindale-Hubbell®. We have the knowledge, skills, and resources to handle even the most challenging medical malpractice cases. Call Gerash Steiner Blanton to set up your first appointment with a dedicated and knowledgeable attorney.
Our experienced legal team handles other types of cases as well, including:
- Personal Injury
- Criminal Defense
- Estate Planning and Probate
- Fiduciary & Estate Litigation
- Civil Rights
- Appellate Work
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