Denver Medical Malpractice Attorney

When you enter a clinic, hospital or nursing home, you trust the doctors and staff to provide compassionate treatment that meets the high standards expected of health care professionals.

When any member of your health care team fails to live up to basic standards of medical care or, worse, causes injury, the results can be tragic. You might need additional surgery, your newborn child may suffer from a birth injury or your treatment could be compromised. Even death may occur as a result of errors such as the misdiagnosis of cancer.

The reassuring news is that you don’t have to face these challenges alone. For more than 30 years, The Viorst Law Offices, P.C., has been fighting for justice on behalf of Colorado medical malpractice victims and family members grieving a tragic wrongful death. You can trust our reputation for results to give your medical malpractice case every chance for success.

Common Types Of Medical Malpractice

Medical negligence can take many forms across different health care settings. Our decades of experience representing Colorado medical malpractice victims have shown several recurring types of cases:

• Misdiagnosis or delayed diagnosis, leading to worsened conditions, particularly in cancer, heart disease and stroke cases where early detection affects survival rates, including failure to order appropriate tests, misreading lab results or dismissing serious symptoms
• Surgical errors, including wrong-site surgery, retained instruments, nerve damage, unnecessary procedures, post-operative infections, improper positioning causing paralysis and failure to monitor vital signs
• Medication mistakes involving incorrect dosages, dangerous drug combinations, administration to the wrong patients, overlooked allergies, incorrect medication timing or failure to account for patient weight and kidney function
• Birth injuries resulting in conditions such as cerebral palsy, Erb’s palsy, brain damage, permanent developmental delays, shoulder dystocia from improper delivery techniques or failure to perform timely C-sections
• Anesthesia errors causing brain damage, organ failure, respiratory complications, wrongful death, failure to review patient history or improper intubation procedures
• Emergency room mistakes, including failure to properly triage, patient monitoring lapses, premature discharge, missed heart attacks and failure to recognize stroke symptoms
• Hospital-acquired infections from improper sanitation, contaminated equipment, inadequate post-surgical care, MRSA outbreaks or central line infections

These errors often stem from communication breakdowns, inadequate staffing or departures from established medical protocols.

What To Do If You Suspect Medical Malpractice

Taking prompt action after suspecting medical negligence strengthens potential legal claims:

• Request and collect all medical records, including test results, imaging studies, prescriptions, treatment notes and hospital charts
• Write down symptoms, complications and conversations with health care providers, including dates, times and names of all medical staff involved
• Obtain treatment from a different medical provider to address ongoing health issues and create independent medical documentation
• Take photographs of visible injuries, infections, medication labels or concerning conditions that change over time
• Save records of all medical expenses, including bills, prescriptions, medical equipment and travel costs for treatment
• Keep all correspondence, including emails, letters, text messages and voicemails from health care providers and insurance companies
• Maintain daily notes about pain levels, limitations in activities and impact on work and family life

Our legal team works with medical professionals to examine records and identify departures from accepted standards of care.

Read the Super Lawyers article in which attorney Viorst explains whether to sue the doctor, nurse or hospital itself.

An Attorney Who Educates Other Lawyers On Malpractice Law

Our attorneys will investigate fully, negotiate skillfully and litigate effectively on your behalf. They are not deterred by the time and expense involved in an especially complex medical malpractice case and have represented a number of malpractice victims in jury trials and in dozens of published appeals.

Our firm’s founder, Anthony Viorst, has also authored numerous published articles on medical malpractice law, including issues like:

• How physicians and other providers can be held liable when patients suffer post-surgical infections
• When and how to hold hospitals liable for medical malpractice
• The complexities of seeking compensation for malpractice-related medical bills covered by insurance
• A legal doctrine known as “loss of chance” that is frequently used in failure-to-diagnose cases
• Claims by physicians that patients share liability for the harms they suffered, known as comparative negligence

These articles have been printed in legal publications to help other trial lawyers advance their knowledge of this complex and ever-changing area of law.

Common Questions And Answers About Medical Malpractice Litigation In Colorado

You likely have many questions after suffering medical malpractice. We’ve provided answers to some common questions below.

What counts as medical malpractice in Colorado?

Not every bad medical outcome is evidence of malpractice. There are several facts you must establish in order to win a medical malpractice claim. These include showing that:

• The doctor owed a duty of care: You must prove there was a doctor-patient relationship in order to show that the doctor owed you a duty of care consistent with the treatment any good doctor would provide to their patients.
• The doctor breached their duty of care: The physician or provider delivered substandard medical care by making treatment decisions that other reasonable physicians would not have made under identical circumstances.
• The breach of duty caused your injuries: You must be able to link your injuries or other harm directly to the negligent actions or inaction of your medical provider.
• You suffered damages: Because of your injuries, you experienced pain and suffering and incurred medical bills, lost wages from time spent unable to work and other damages.

Medical malpractice litigation is complex, time-consuming and resource-intensive. Many lawyers are not up to the task, but our team is more than ready to help you understand and exercise all of your legal options.

How much is my medical negligence case worth?

The value of a medical negligence case can vary widely depending on several factors, including:

• The severity and permanence of your injury
• The amount of your medical expenses
• The impact of the injury on your ability to work and your quality of life
• Any pain and suffering you have endured

While it is difficult to give an exact number without knowing the specifics of your case, our legal team will work diligently to ensure you receive full and fair compensation for all your losses.

How long do I have to file a medical malpractice claim in Colorado?

In Colorado, medical malpractice victims generally have two years from the date that the injury was discovered. However, there is also an overall cap of three years from the date the malpractice occurred, regardless of when you discovered the injury. There are some exceptions to these statutes of limitation, so it is important to speak with an attorney as soon as possible to ensure you do not miss any critical deadlines.

Your Solution Starts With A Phone Call Or Email

If you have been injured by a doctor or health care professional, contact our medical malpractice lawyers at The Viorst Law Offices, P.C., in Denver, for a free consultation regarding how we can help you obtain compensation for your additional medical care, lost wages, nursing, rehabilitation, and pain and suffering. We represent clients throughout Colorado from our office in Denver. Call 303-872-5712 or use our online contact form to get started.