When you suffer injuries that arose from the negligence of a medical professional or healthcare provider, you may have a cause of action to pursue financial compensation for the harm you sustained. That said, medical malpractice cases are often the most complex personal injury claims to prove.
A Colorado Springs medical malpractice lawyer will fight by your side and work tirelessly on your behalf to seek damages owed to you due to physician negligence. A dedicated injury attorney can evaluate the facts leading to your situation and advise whether they meet the necessary elements to pursue a medical malpractice claim.
What is Medical Negligence?
Many instances of medical malpractice result in serious injuries—for example, wrongful diagnoses, leaving a surgical instrument in a patient after a medical procedure, surgical mistakes, and wrongfully prescribing medication.
Failing to diagnose a medical condition, a delayed diagnosis, or birth injuries could also indicate negligence. A knowledgeable Colorado Springs attorney could investigate the facts of a healthcare negligence claim and collect evidence to build a comprehensive claim in pursuit of financial compensation.
How to Establish Negligence in a Healthcare Malpractice Case
Four primary elements must exist to prevail in a medical malpractice claim in Colorado Springs, including:
- The existence of a duty of care
- The violation of that duty of care
- A direct correlation between that violation and the victim’s injuries
- Verifiable losses resulting from the harm
Physicians owe patients a duty to adhere to the accepted standard of care. As such, when a physician violates this duty, causing a patient to suffer from physical, financial, or emotional harm, the victim may be able to file a claim for their medical bills, pain, and suffering. As always, consulting with an experienced lawyer about the specifics of a medical negligence case is essential to afford you the best chance of a successful outcome.
Deadline to File a Medical Malpractice Case in Colorado Springs
A key factor in medical malpractice cases is that Colorado law provides a short window in which someone is eligible to file a lawsuit for damages or forfeit their ability to seek payments in a civil claim. According to Colorado Revised Statutes § 13-80-102.5, claimants have two years from the day they sustain the medical injury to file a civil suit.
However, state law considers that it may not always be apparent to the individual that they sustained an injury. When an individual does not realize they are injured right away, the two-year clock may start to run from the date they learned about their injury. In any case, if more than three years have passed since the date of the injury, the individual may no longer be able to pursue a claim.
Even then, however, the law allows exceptions. For example, if the injured individual was a minor when the malpractice occurred, they may be given more than three years from the date of the injury to pursue a claim. The laws governing medical malpractice cases in Colorado Springs are highly complex, so speaking with a seasoned attorney who can provide sound legal guidance and implement a detailed action plan remains vital.
Speak with a Colorado Springs Medical Malpractice Attorney
When you or a relative are injured due to healthcare negligence, speaking with a Colorado Springs medical malpractice lawyer could help determine whether you have a legally actionable case.
An attorney will also help you understand what types of financial recovery might be available. Call today to set up a consultation and discuss your potential claim.