Here at Gerash Steiner Blanton, P.C., our team of Lakewood medical negligence attorneys truly stand out from the crowd. But what makes us outstanding? One of our lawyers, Eric Steiner, is also a licensed medical doctor who practiced in the Denver area for almost 20 years. Thanks to his unique medical experience and training, Dr. Steiner can help his clients understand complex medical records and procedures that other Lakewood medical malpractice attorneys would be unable to grasp.
Another one of our lawyers, Daniel Gerash, landed a prestigious spot on U.S. News’ list of “Best Lawyers in America” for over 10 years in a row. Mr. Gerash also earned Martindale-Hubbell’s AV Preeminent rating, the highest possible rating of an attorney’s legal abilities and ethical standards. Yet another member of our team, Michael Blanton, has secured more than $40,000,000 for his clients, whom he has represented in state and federal courts across the country for more than 20 years.
Besides being talented legal practitioners, our team of Lakewood medical errors attorneys are stalwarts of the local community. Building upon the legacy of the renowned Walter Gerash, Gerash Steiner Blanton, P.C. dedicates itself to obtaining justice for Coloradans who have been seriously injured or criminally charged. If you have suffered due to hospital negligence or another form of medical malpractice, then contact us right away.
What Is Medical Malpractice?
When lawyers talk about medical malpractice, they are referring to any situation where a medical provider fails to provide the required standard of care to their patients. The standard of care for medical professionals in Colorado is that they treat and care for the patient in the same way as a reasonably careful physician of the same school of medicine. There are many ways that a medical malpractice attorney can demonstrate that a health provider failed their duty of care. Examples include showing that the health care provider:
- Failed to follow established medical procedures;
- Was under the influence of drugs or alcohol when providing care;
- Did not interpret a test result properly;
- Diagnosed you incorrectly;
- Failed to provide acceptable follow-up care; or
- Prescribed the wrong medication for your condition.
Once your attorney has identified the responsible party’s (also called the defendant) mistake, they have to show that your injury stemmed from that error.
Most people imagine physicians to be the main source of medical malpractice. However, nurses, therapists, hospital technicians, and medical assistants can also commit medical malpractice.
What Kinds of Damages Are Available in Medical Malpractice Cases?
Colorado law allows victimized plaintiffs to recover many kinds of damages in medical malpractice cases.
First and foremost, plaintiffs can obtain compensation for their objective monetary losses. The plaintiff’s most significant economic damage in a medical malpractice case is usually their medical costs that stem from the malpractice. Victims can receive compensation for not only their medical bills, but also the costs of rehabilitative services, prescription drugs, psychological care, and any damage to their property or valuables.
Besides medical bills, medical malpractice often hinders or derails a victim’s career. By having to take extensive sick leave to recover from malpractice, plaintiffs incur significant lost wages. In more serious situations, they can lose out on promotions, be fired from their jobs, or even become permanently unable to work. When this happens, the victim can receive compensation not only for their past lost wages, but for future lost wages.
General (or Non-Economic) Damages
Sadly, medical malpractice’s negative effects go far beyond merely physical damages. Plaintiffs frequently have to contend with months or years or psychological and emotional effects. Medical malpractice can even inflict a life-altering disability or trauma upon a victim. Fortunately, courts can award general damages to plaintiffs to compensate them for losses that do not have an objective monetary value. Besides physical and mental pain and suffering, courts award general damages to a plaintiff for things like a reduction in their quality of life, loss of companionship, and emotional trauma.
Just as it is critical to compensate victims for their losses due to medical malpractice, it is also necessary to hold the responsible party accountable. For that reason, courts sometimes award punitive damages. These damages are specifically designed to punish the defendant for their harmful conduct. Punitive damages also discourage others from following a similar path as the defendant.
Punitive damages are not always available in malpractice cases. Generally, courts award punitive damages when the defendant acted in a particularly reckless, wanton, or reprehensible manner.
How Much Can I Obtain for My Medical Malpractice Case?
What you can receive for your medical malpractice suit depends entirely on the circumstances of your case. More serious injuries and more losses will mean more compensation for you. The defendant’s conduct and the actions of any third-parties will also play a role. Perhaps one of the most critical factors in determining the size of your payment is the quality and experience of your Lakewood medical malpractice attorney. A less competent or qualified lawyer will simply not be able to represent your interests as well as one who is more experienced.
Whatever the circumstances of your case, Colorado law does place limits on how much you can obtain in damages. Specifically, you can obtain only $1,000,000 in total damages, of which only $300,000 can be for pain and suffering. You can exceed this cap if you can convince a court that $1,000,000 is an unfair outcome for your case.
How Long Do I Have to File a Medical Malpractice Claim?
Many victims need time to focus on recovering from the trauma of malpractice. Yet it is essential that you do not wait to contact a Lakewood medical malpractice lawyer and file a claim. Colorado law states that victims have only two years to file a lawsuit, starting on the date that the malpractice occurred. Navigating this time limit can be challenging because not all medical malpractice is obvious when it takes place. On the contrary, it is usually difficult to spot for weeks and months.
Get In Touch With a Premier Lakewood Medical Law Firm Today
As you can see, having the right Lakewood medical malpractice lawyer makes all the difference in obtaining the reward you deserve. If you have suffered from the scourge of medical malpractice, then you deserve the best representation so that you can be made whole. We at Gerash Steiner Blanton, P.C. will go the extra mile with you to expose the wrongdoers in your case. We will then hold them accountable and help you get your life back on track. Give our Lakewood medical malpractice attorney a call today or contact us online.