Denver Medical Malpractice Attorney

Denver Medical Malpractice Lawyers

If you suffered injuries due to negligence from a medical provider or facility, contact Denver medical malpractice attorney, Eric Steiner, M.D. As an experienced physician with more than 20 years of hands-on practice in the medical field, Attorney Eric Steiner, M.D. is able to serve his clients who have been the victims of medical errors with unique ability and perspective.

We understand the science, background, job descriptions, terminology, and procedures of the medical field. This knowledge gives our practice a significant advantage in understanding medical malpractice cases and in representing victims and their families.

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Examples of Medical Malpractice & Negligence

If you have lost a loved one due to serious professional misconduct in a hospital, then we can support you and your family as you seek compensation through a wrongful death claim. We have helped countless former clients secure satisfactory verdicts and settlements and we are confident in our ability to help you as well.

Hypothetical Medical Malpractice Examples

Surgical Error Leading to Permanent Disability: A patient undergoes a routine surgical procedure in a Colorado hospital. However, due to the negligence of the surgical team, an instrument is left inside the patient’s body, possibly causing internal injuries. As a result, the patient requires additional surgeries to correct the error and suffers additional injuries or permanent disability, impacting their ability to work and enjoy a normal quality of life.

Birth Injury Due to Negligent Prenatal Care: A pregnant woman in Colorado receives prenatal care from her obstetrician throughout her pregnancy. However, the obstetrician fails to identify and properly manage risk factors, leading to complications during childbirth. As a result, the baby suffers a birth injury such as cerebral palsy or brachial plexus injury, requiring lifelong medical care and therapy. The parents face significant emotional distress and financial burden due to the negligent prenatal care and resulting birth injury.

Grounds for Malpractice Claims

While most injury claims can yield favorable results with simple evidence that another person, acting in negligence, caused your injury, medical malpractice claims require much more. To build a successful case, a plaintiff must prove that a medical professional violated their trust by providing substandard care. Expert testimony is just one type of evidence that must accompany a medical malpractice claim.

Elements Required for a Successful Medical Malpractice Claim:

  1. Doctor-Patient Relationship: The patient must have established a doctor-patient relationship with the healthcare provider accused of negligence.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

If you are able to meet these criteria, you will be in a good position to see your claim to a successful conclusion. Strong evidence goes a long way against top-level attorneys, conflicting expert opinions, and other common obstacles. It’s also extremely important to start your case as soon as possible after discovering the injury so you don’t miss the legal deadline for your case. The longer you wait, the more difficult your case may be.

Our Related Practice Areas 

If you suspect that you are the victim of medical negligence, you might need a medical malpractice lawyer to determine whether or not you have a viable case. Gerash Steiner Blanton, P.C., enjoys broad experience successfully representing medical errors claimants in a variety of practice areas, including the following types of medical malpractice claims.

Birth Injuries

Common birth injuries include (but are not limited to):

  • Cerebral palsy;
  • Erb’s palsy;
  • Brachial plexus injuries;
  • Vacuum extraction injuries;
  • Forceps delivery injuries;
  • Breech birth injuries; and
  • Cesarean delivery injuries.

Birth defects, by contrast, are typically not the doctor’s fault. Sometimes, however, birth defects are the result of negligent prenatal care. 

Hospital Negligence

Doctors are not the only people who can commit medical malpractice. You can also sue a hospital, hospital administrators, nurses, and other medical professionals. For example, hospital negligence might include the failure to properly monitor a patient or unsanitary conditions. An injury lawyer might be able to uncover regulatory violations that would strengthen a medical malpractice claim.

Medication Errors

A medication error can include prescribing the wrong medication or the wrong dosage. It can also include the failure to ask a patient about drug allergies or the failure to monitor the patient for reactions to a medication. Unfortunately, medication errors are frighteningly common.

Surgical Errors

Surgical errors can include:

  • Anesthesiology errors;
  • Scalpel errors;
  • Catheter errors;
  • Surgery on the wrong site (removing the wrong kidney, for example);
  • Operating on the wrong patient;
  • Leaving a medical instrument inside the patient’s body; and
  • Post-surgical errors.

Remember that not every surgical error rises to the level of medical malpractice.

Frequently Asked Questions (FAQs)

Does an undesirable medical result automatically amount to medical malpractice?

No. Doctors, being human, are not required to be error-free. But doctors must meet a minimum standard of care when treating their patients. The standard of care for doctors and other medical professionals is much higher than the standard of care that would apply to a layman rendering first aid at the scene of an accident. A skilled and experienced medical malpractice attorney can help you tell the difference between allowable human error and medical negligence.

How do you prove negligence in a medical malpractice case?

You will probably need at least one expert medical witness. Expert medical witnesses are often doctors or former doctors, and many of them earn 100% of their income serving as witnesses in court cases. Although the lawyer for the opposing party will likely emphasize the fact that the witness is paid, paying an expert medical witness is routine. In fact, the defense is likely to call a paid medical witness as well.

How do you claim medical malpractice if the patient dies from a medical error?

Colorado allows certain close relatives to file a wrongful death lawsuit, beginning with the surviving spouse (if any). Compensation from a wrongful death lawsuit can be substantial and can include damages for the survivors’ emotional distress.

What is Colorado’s “certificate of review” in a medical malpractice case?

A certificate of review is a document in which a qualified medical expert states that your medical malpractice claim is at least plausible, based on an examination of the facts and evidence surrounding your case. You or your lawyer must submit this document before the court will hold a trial.

High-Caliber Representation in Denver

Understanding whether or not you have a medical malpractice case can be complicated. Gerash Steiner & Blanton & Blanton, P.C. is experienced in these types of cases and can help you understand your situation from a legal standpoint to become informed of your rights, as well as a medical standpoint to help you become aware of your treatment needs. Our lawyers have close to four decades of combined experience in helping victims of true medical malpractice.

We have obtained a number of accolades within the legal community, including an AV® Peer Review Rating™ from Martindale-Hubbell®. Our commitment to the best interests of the individuals we represent is the defining aspect of our practice. We strive to offer acute, dedicated advocacy focused on obtaining the best possible result for each client’s case.

Obtain Your Free Legal Consultation From Our Denver Medical Malpractice Lawyer Today

At our firm, we offer free initial consultations to all injury victims. There is no reason to put off obtaining the legal counsel and representation you need. Demand justice by calling our Denver medical malpractice attorney immediately.

Call Gerash Steiner & Blanton & Blanton, P.C. to set up your first appointment with a dedicated and knowledgeable attorney.