Medical Malpractice Attorney Breckenridge, CO
When being treated for a medical condition, a medical malpractice attorney Breckenridge, CO at Zweig Law, PC understands that you may naturally expect to be diagnosed and treated correctly. Although this happens most of the time, it is certainly possible to be misdiagnosed or undiagnosed altogether. In this case, the repercussions could be mildly frustrating, catastrophic, or deadly. If this should happen, you not only may face extended medical care and undue physical pain but also the distress and financial losses.
In the event of a misdiagnosis resulting in death, loved ones may feel betrayed and angry. Regardless of the details of your case, if it involves misdiagnosis, you should talk with a Colorado medical malpractice attorney in Breckenridge as soon as possible.
When a Failure to Diagnose Occurs
When you experience the symptoms of a condition, you will likely choose to schedule an appointment at your doctor’s office, visit a hospital for immediate treatment. The doctor may ask you questions relating to your symptoms and make a diagnosis based upon your answers and an exam. For example, if you have a very sore throat and are losing your voice, the doctor might suspect tonsillitis. However, if it is a tumor in your throat that is causing the problem, and the doctor fails to see this, it may be subjected to a misdiagnosis claim.
As a Breckenridge, CO medical malpractice attorney might explain to you that when any healthcare professional misdiagnoses or fails to notice a visible health condition, it may be a breach of their duty of care. If injuries or losses resulted, compensation could be available.
Commonly Misdiagnosed Conditions
The training and education that a doctor, or any other medical professional, will go through is extensive and often adds up to over a decade of schooling or learning. Even with this experience, these people can, and do, make mistakes. Although many of these mistakes are often caught and fixed, some go unnoticed, and others are so erroneous that fixing them may not be possible.
As a team of Breckenridge, Colorado medical malpractice attorneys, we have handled personal injury cases of varying degrees. When it comes to misdiagnosis claims, we know of cases that have involved:
- Misdiagnosis a stroke or heart attack
- Internal injuries
- Internal bleeding
- Bloodborne infection
- Tetanus or staph infection
When Cancer is Misdiagnosed
Cancer is a result of changes in the body, in particular, the way the body grows and divides. When cancer is identified early on and treated, it may not have the chance to spread to other parts of the body. At Zweig Law, PC, our medical malpractice lawyers have helped many clients who had cancer but were improperly diagnosed with other conditions. As a result, many of them suffered more than they had to. It is essential to understand that these cases are relatively complicated; however, with the right Breckenridge, CO medical malpractice attorney on your side, it is possible to recover compensation.
Examples of Actions that May Result in a Misdiagnosis of Cancer:
- Lab mistakes
- Failure to assess
- Failure to follow up
- Failure to refer
- Improper screening
- Discounting the possibility of a person have cancer
Even a 3-month delay in diagnosing any form of cancer can result in a patient needing extended treatment or treatment that is considered more aggressive.
What Must Be Shown To Prevail in a Medical Malpractice Case?
Our Breckenrige, CO attorney shares that medical malpractice is a type of lawsuit resulting when a patient is injured by the incompetence of a physician or a medical mistake. The victim is entitled to full compensation for the injury if he or she wins the case. But what exactly must be shown for the case to be won? You would be right to think that this is a complicated question with an equally complicated answer. As a medical malpractice attorney in Breckenridge, CO might tell you, the short answer is that it must be proven that the medical professionals constitute medical negligence.
Understanding what is required to prove medical negligence is a little more complicated. Remember, you should hire a medical malpractice attorney in Breckenridge, CO as soon as possible and leave the matter of proving your case to your attorney. This guide, however, will help you understand what is required.
Medical negligence is composed of four components. Each of these components builds upon the previous one. This means they each must be independently proven for the case to be won. The four elements of medical negligence are:
- Duty – This refers to the duty every medical professional has to his or her patients. In the medical world, this duty is also called the “standard of care.” Proving duty is more complicated in personal injury lawsuits with ordinary defendants, but the duty of medical professionals is widely established already.
- Breach – This refers to a breach of duty. Essentially, a medical malpractice attorney in Breckenridge, CO must demonstrate, or prove that your medical professional failed to fulfill the standard of care through his or her actions or inaction.
- Causation – This refers to whether the breach of duty caused an injury. A medical professional who fails to fulfill the standard of care has not acted negligently unless that failure results in damage of some kind.
- Damage – Our Breckenridge, CO medical malpractice attorney, shares that this refers to the damage you suffered due to the breach of duty. The damage you experienced, or your injury, in other words, must be significant and real. The court will not assume that you were injured, which means it must be proven. Likewise, if the injury is too insignificant, you might lose your case.
It takes a lot to legally prove that a medical professional committed medical negligence. Medical malpractice attorneys in Breckenridge, CO train and study for years to represent clients in their malpractice cases. You should avoid trying to represent yourself, as proving these components is far more complicated than you might think.
Call Zweig Law, PC to speak with a leading medical malpractice attorney in Breckenridge, CO
If you have been misdiagnosed, call a medical malpractice attorney in Colorado at Zweig Law, PC.
Commonly Asked Medical Malpractice Questions
If you believe that you might have a medical malpractice case on your hands, our Breckenridge, CO attorney knows that you will be left with several questions. At Zweig Law, PC, we know that you are looking for answers and need them now. While there are a few exceptions, Colorado victims typically have two years from the time of injury to take legal action. Once this timeframe closes, you risk being unable to pursue compensation for the damages you have suffered. Contact our medical malpractice attorney in Breckenridge, CO today, so that we can begin to answer your questions and help you take action.
What is medical malpractice?
Medical malpractice occurs when a doctor, health care facility, or health professional does not uphold the medical standard of care, is negligent. As a result, the patient suffers harm or damages. If it can be proven that the doctor or hospital acted negligently and that another provider would not have made the same decision, you may be able to pursue legal action with our Breckenridge, CO medical malpractice attorney. Common examples of malpractice might include:
- Failure to Diagnose
- Surgical Errors
- Anesthesia Errors
- Childbirth Injuries
What types of evidence is needed to prove a medical malpractice case?
Strong evidence plays a critical role in proving a medical malpractice case. It will be vital that you begin gathering any relevant information that might act as evidence in support of your case. Our Breckenridge, CO medical malpractice attorney, will assist you in gathering the evidence needed to support your claim. This could include:
- All medical records such as:
- Lab Results
- Provider Notes
- List of providers seen and treatments received, this should also include healthcare providers as well such as nurses and lab technicians
- Any additional expenses
- Proof of Lost Wages
Do medical malpractice cases take longer to resolve?
While it’s not uncommon to settle outside of the courtroom, be aware that resolving can take some time. Malpractice cases can be incredibly complicated and may even require that an expert witness review your case. Our Breckenridge, CO medical malpractice attorney shares that it could take a year or more to resolve your case.
Can a medical malpractice case resolve without litigation?
While it may be possible to negotiate a settlement without litigation, it can be more difficult. This is because insurance companies may be less willing to provide a settlement offer to victims. If your Breckenridge, CO medical malpractice attorney is unable to settle, it may be in your best interest to file a lawsuit. Keep in mind that filing a lawsuit and initiating the court process doesn’t necessarily mean that your case will go to trial. It’s not uncommon to reach a resolution with the opposing side once this process is officially initiated.
Can I wait until I have recovered to take legal action?
While it may be tempting to wait until you have fully recovered, it may be in your best interest to first speak with a medical malpractice attorney in Breckenridge, CO, regarding the most appropriate course of action. You will have limited time to take action once you have been injured or first discovered your injuries. The last thing you want is to lose your ability to pursue compensation. Working with a lawyer can take the burden and stress of managing your case off of your shoulders. With their help, they can navigate the legal system while you focus on your recovery.
We know that you may be experiencing a tremendous amount of stress during this challenging time. Dealing with recovery from physical injuries, adjusting to your new normal, significant financial losses, and even lost wages can feel completely overwhelming. Zweig Law, PC is dedicated to helping you take action to focus on your recovery. To get started, contact our medical malpractice attorney serving Breckenridge, CO.