The practice of medicine requires years of advanced knowledge and training far beyond the average layperson's understanding. When we are sick or injured, we put our faith and trust in the doctors, nurses and hospitals to take care of us and make us well. When medical treatment falls below the proper standard of care and actually injures us, the damage goes beyond the physical injury itself and can be extremely traumatic. Whether a doctor is negligent or incompetent, failures in medical care shake our faith in the system and its ability to take care of us.
Our office encounters and handles cases involving a wide range of unacceptable, injurious practices, including:
Medical Malpractice Litigation
Medical malpractice cases are often among the most difficult to litigate for a number of reasons. The amount one can recover for medical malpractice is capped by law at $1 million for economic damages and $300,000 for noneconomic damages. Doctors are unwilling to admit to malpractice because of the damage to their reputation, and with insurance to cover liability up to the damages caps, they have little incentive to settle case. Instead, doctors and their insurance companies vigorously defend medical malpractice cases. A common defense tactic is to claim that you are responsible for your injuries; by not fully disclosing your medical history; failing to follow doctor's orders, or failing to report your injury promptly and taking steps to lessen the damage.
Expert medical testimony is often required to establish what the proper standard of care was and whether the defendant's conduct fell below that standard. Finding local doctors to testify against their colleagues is often next to impossible, and qualified medical experts must be found in other parts of the country. Depending upon the complexity of the medical issue, it can be difficult to communicate the facts of the case to the jury. The lawyer must be able to draw out testimony from the expert in as simple and easy to understand a manner as possible. Our lawyers have the experience in medical malpractice jury trials to find qualified experts and present their testimony in a clear, logical, and persuasive way.
There are many other complicated issues unique to medical malpractice cases, such as determining the proper time frame for filing a lawsuit in cases where the medical error was discovered months or even years after the malpractice occurred. Our attorneys have decades of experience in complex civil litigation and understand how to successfully prepare and present a medical malpractice case involving the most serious injuries, including brain injury or paralysis, or improper treatment of a serious illness. For immediate assistance in a Colorado medical malpractice matter, contact Armitage Law for a free consultation.