Medical Malpractice and Negligence
Each year approximately 100,000 people die from negligent medical care and millions more are injured. The medical malpractice attorneys at The Law Firm of William Babich, LLC, believe that when it comes to your health, any carelessness or negligence by a health care professional is inexcusable. Every person has the right to expect quality and proper medical and health care, and the attorneys at The Law Firm of William Babich, LLC, know how to protect that right.
Medical malpractice occurs when a medical care provider fails to do what a reasonably careful and similarly licensed medical care provider would have done in the same situation. For example, negligence can occur in a variety of situations, including: a surgical or anesthesia-related mistake during an operation; a delayed or incorrect diagnosis; a physician's failure to obtain the informed consent of the patient before an operation or surgical procedure; improper treatment for the diagnosed condition; misuse of prescription drugs or a medical device/implant; wrongful amputation; and delivery mishaps.
If you suspect that you or someone you love is a victim of medical malpractice or negligence, you should seek legal assistance immediately. A Colorado-based medical malpractice attorney at The Law Firm of William Babich, LLC, can help clients across the country. After an initial review by our experienced medical malpractice lawyers, we will have board certified and objective medical experts conduct a complete review of the circumstances surrounding your case. If an expert certifies that you received substandard care, a malpractice claim may be pursued against those who provided the medical care, including any doctor, nurse, hospital, or business entity responsible for the substandard care you received.
Colorado Governmental Immunity Act
It is very important to know that many hospitals in Colorado are operated by state and local governments and therefore are considered governmental entities. Additionally, doctors and staff members at those hospitals may also be considered government employees. Under Colorado law, (C.R.S. 24-10-109) you must notify a governmental entity within 180 days (6 months) of the potential medical malpractice claim in order to preserve your right to bring a claim. An attorney at The Law Firm of William Babich, LLC, can help you fully understand the law and ensure that you are in compliance with these requirements. Failure to comply with the notice requirements described in C.R.S. 24-10-109 can result in automatically losing your claim. Additionally, if the hospital is a governmental entity or the doctors and staff are government employees, you may be limited to recovering a maximum of $150,000.00. Because the requirements in Colorado and throughout the country are so complex, it is recommended that you speak with a qualified medical malpractice lawyer to protect your ability to file a claim and obtain compensation for your injuries.
Safe Health Care Tips & Information
The following steps can help protect yourself and your family from medical malpractice and other health care dangers:
- Ask your doctor about any possible side effects and what to avoid while taking the medication. Always keep a list of all medicines you are taking and what drug or other allergies you may have. Lastly, always confirm that the pharmacist is giving you the right medication in the right doses.
- If you have concerns regarding a surgery or medical treatment plan, get a second, or even third, opinion. It is also a good idea to conduct your own research of the problem or condition you have and the various treatments available to you.
- To learn about a particular physician or hospital, visit the following website https://www.healthgrades.com/
Report an Incident to the Colorado Medical Board
The Colorado Medical Board is responsible for licensing and regulating physicians and physicians' assistants in Colorado. According to the Colorado Medical Board, each year, approximately 800 complaints are made against Colorado physicians and physician assistants. To find out the status of a particular physician's license, or to report a medical malpractice incident to the Colorado Medical Board, please visit the following website: https://www.dora.state.co.us/medical/main-complaints.htm