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Denver Surgical Malpractice Law Firm

Surgery is always a risk. Too often the risks are exacerbated by surgical errors or a doctor’s negligence. At The Viorst Law Offices, P.C., in Denver, we are committed to providing aggressive legal representation to individuals injured as a result of surgical errors or if a loved one died due to a surgical error.

Colorado Surgical Error Attorney
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According to the Bureau of Justice Statistics, nearly half of all medical malpractice claims are brought against surgeons. However the risks of surgery begin during pre-surgery preparations and continue during the post-surgery recovery. Often surgical malpractice is concealed. Bad medical outcomes are explained as a risk of surgery. We are committed to helping people injured as a result of surgical errors.

Types Of Surgical Mistakes And Their Consequences

All medical malpractice cases are complex and surgical malpractice is no different. We work with a number of medical professional to examine medical records to determine the cause of surgical injuries. There are a number of issues that commonly result in surgical malpractice claims:

  • Delayed or prolonged surgery: When a procedure takes longer than it should, the patient is at a higher risk of complications. This can lead to increased risk of infection or other complications from being under anesthesia for an extended time.
  • Organ puncture or perforation: This is a serious error that can have devastating consequences. Organs like the intestines or bladder are sometimes perforated, leading to internal bleeding, sepsis and other life-threatening conditions.
  • Incorrect incision: A misplacement of a cut can result in nerve damage, unnecessary scarring or the need for additional procedures to correct the initial error. This can also lead to a longer and more painful recovery.
  • Surgery on a healthy organ/wrong site/side surgery: These are clear-cut examples of negligence where a healthy part of the body is operated on instead of the intended site. This can lead to life-altering outcomes and the need for another surgery to address the original problem.
  • Use of unsanitary surgical utensils: This error can introduce harmful bacteria into the patient’s body, leading to a serious infection. These infections can develop into sepsis, a condition that can be fatal.
  • Improper keyhole surgery techniques: These specialized procedures require a high degree of precision. Errors can occur if a surgeon lacks the proper training, leading to issues like organ damage or internal bleeding.
  • Improperly supervised residents: Our botched surgery lawyer in Denver can help you understand the specific type of error you may have experienced and the best action to take.

Hospitals have a responsibility to ensure that all residents and medical students are properly supervised. When a resident makes a mistake due to inadequate supervision, the hospital can be held responsible.

What Are The Causes Of Surgical Errors In Colorado

While some risks are unavoidable, surgical errors are often the result of preventable factors within the operating room environment. Sometimes, the contributing factors are a result of systemic pressures. Surgical staff may be overworked, leading to fatigue that affects their judgment and precision.

Communication breakdowns are also a common issue, where critical information is not shared properly between team members, from the pre-op assessment to the final steps of a procedure. A lack of proper training or experience, especially in specialized or new techniques, can also lead to a mistake. When protocols are not followed or when staff are pressured to rush procedures, the risk of a serious error increases dramatically.

Our Colorado surgical error lawyers believe in getting to the bottom of what happened to you and why.

What Constitutes Medical Malpractice In Colorado?

To have a valid claim, these three key elements must be shown:

  • Breach of the standard of care: A deviation from accepted medical standards can be grounds for a surgical negligence lawsuit in Colorado.
  • Causation: The breach must directly cause the patient’s injury.
  • Damages: The injury must result in measurable harm.

Our Denver surgical malpractice attorney can explain how these elements apply to a specific case.

What To Do After A Surgical Mistake

While your primary focus should always be on your recovery, there are things you can do to build a strong case with the help of a Colorado surgical error lawyer. For example:

  • Preserving records: Keep all medical bills, discharge instructions, prescriptions and follow-up notes.
  • Seeking a second opinion: Another physician may identify errors or complications linked to negligence.
  • Documenting symptoms: Maintain a personal journal noting pain levels, new health issues or emotional changes.
  • Retaining hospital communications: Appointment summaries, consent forms and correspondence can be crucial evidence.

After identifying hospital negligence, our lawyer for surgical mistakes in Denver can help you achieve a favorable legal outcome.

The Statute Of Limitations In Colorado

The medical malpractice statute of limitations in Colorado is generally two years from the date you knew or should have known of the injury caused by the surgical error. Waiting too long can mean losing your right to seek justice and compensation entirely. Our skilled Colorado medical negligence attorney can help you understand the specific deadline that applies to your situation.

Damages In Medical Malpractice Cases

The purpose of a surgical error compensation claim in Colorado is to help you recover these losses:

  • Economic damages: These are quantifiable losses, such as past and future medical expenses, lost wages, and loss of earning capacity.
  • Noneconomic damages: These are more subjective but just as real, covering things like physical pain, emotional distress and loss of enjoyment of life.

In many cases, the hospital where the surgery was performed can be held responsible. Hospitals have a responsibility to provide a safe environment for patients. This includes ensuring that their staff is properly trained and supervised. A hospital liability surgical errors case can be valid if a hospital’s negligence contributed to your injury. Our wrong site surgery lawyer in Denver understands that this type of lawsuit can be very complex. However, we have all it takes to tackle such incidents.

The Initial Consultation Is Free

Not all bad outcomes are a result of surgical malpractice. However, if you suspect injures resulted from a medical mistake or were not discussed as possible consequence prior to surgery, it is important to contact an attorney experienced at investigating and litigating surgical errors.

We provide a free initial consultation and handle all our medical malpractice claims on a contingency basis. While we strive to obtain settlement surgical error cases, insurance companies and surgeons are reluctant to take responsibility for surgical errors. Our firm has the experience and resource to effectively handle any litigation involving surgical errors.

Committed To Your Best Interests

If you suspect surgical errors resulted in a band medical outcome, please contact The Viorst Law Offices. Our lawyer can be reached by calling 303-872-5712, or by filling out the intake form on our contact page.