Every person who visits a doctor, dentist, or other medical professional has the right to feel confident that these providers will treat them with competence and dignify. Unfortunately, this is not always the case. When a medical provider violates the standard of care for their profession, this is known as medical malpractice.

A Longmont medical malpractice lawyer could help the victims of medical errors to collect the compensation that they need to set things right. A skilled attorney could take the lead in performing an initial case evaluation, working with experts to develop the claim, and demanding fair payment through an insurance claim or lawsuit.

When Does a Medical Error Become Malpractice?

Errors are common in the medical field. However, just because a person has a poor experience with a medical professional does not necessarily mean that medical malpractice has occurred. Instead, an attorney must prove these elements in a medical malpractice case:

  • The health provider was subject to a professional standard of care,
  • The provider failed to adhere to that standard
  • The plaintiff suffered an injury
  • It was the breach of the standard of care that caused the injury

In medical malpractice cases, all providers are subject to a standard of care that obligates them to act as a reasonable colleague would under the circumstances. When a provider fails to meet this standard, an injured party could pursue legal action. Misdiagnosis, medication errors, surgical errors, and childbirth injuries are just a few instances that could result from a provider’s misconduct. A seasoned Longmont attorney could help someone determine whether their case constitutes medical malpractice under state law.

The Role of an Expert in Malpractice Cases

An expert can provide valuable insight in a medical malpractice case, speaking to how the error caused damage and why it was a failure of the duty of care. For example, a licensed surgeon may be able to speak as to how an error in the operating room resulted in chronic breathing problems.

Under Colorado Revised Statute § 13-20-602, anyone filing a complaint alleging medical malpractice must first consult with an expert concerning the merits of the case. Furthermore, that expert must sign an affidavit that certifies that they have reviewed the case and that, in their opinion, malpractice has occurred. Plaintiffs must send a copy of this affidavit to the court no more than 60 days after filing a complaint. A Longmont medical malpractice lawyer could help an individual locate and work with these vital witnesses.

Schedule a Consultation with a Longmont Medical Malpractice Attorney

Medical malpractice can occur during any visit to a doctor, dentist, or other medical provider. A simple error or misdiagnosis can result in long-lasting injuries that impact every part of your life. This can leave you with medical bills, long-term treatment, emotional trauma, and even lost wages.

A Longmont medical malpractice lawyer could work with you to ensure that your case is handled with care. A hands-on attorney could provide an initial case review, assess the extent of your losses, locate qualified expert witnesses, and demand proper compensation in settlement talks or in court. Call today to learn more about what an experienced legal professional could do for you.

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