Every medical practitioner, whether they are a doctor, dentist, nurse, or pharmacist, must provide a certain standard of care to every patient. While this standard does not guarantee recovery or the patient’s desired outcome, it does require every practitioner to act to the best of their abilities toward a positive outcome.
Unfortunately, failures on the part of healthcare providers to achieve this level of care are more common than they should be. A Colorado Springs medical malpractice lawyer could help you investigate whether a doctor’s negligence was the cause of your injuries. In the process, a skilled personal injury attorney could also explain the state’s malpractice laws, evaluate the defendant’s actions, and connect you with qualified medical experts needed to pursue your claims.
Medical providers have a duty to act in a way that a reasonably competent peer would given the circumstances of their patient’s case. For instance, if a reasonably competent emergency room doctor should immediately recognize the signs of a heart attack, and a defendant doctor fails to do so and releases the patient, this may be an example of medical malpractice.
Proving medical malpractice in civil cases, however, can be a complex legal matter. For example, a plaintiff cannot testify alone in court that a doctor’s poor performance led to their injuries.
Instead, medical malpractice plaintiffs typically must work with an expert witness who can analyze their case and give their opinion in court. A Colorado Springs medical malpractice attorney could help an injured patient get in touch with an expert witness while gathering evidence to prove the defendant’s negligence.
Colorado Revised Statute §13-20-602 requires plaintiffs in medical malpractice cases to submit certificates of review within 60 days of service of the complaint. This certificate must indicate that the plaintiff has reviewed the case with an expert witness and that this expert believes that there is good cause to bring the lawsuit.
This expert witness also must meet certain requirements for the court to consider them an expert. According to CO Rev. Stat. §13-64-401, an expert in a medical malpractice claim must be a licensed physician who has sufficient knowledge of the area of medicine in which the malpractice occurred.
This expert’s testimony may be essential to the success of a claim, as it can help explain to the court what level of care a patient should receive, how the defendant failed to provide that care, and what alternative methods or actions may have prevented the injury. A Colorado Springs lawyer who is familiar with medical malpractice claims could help a plaintiff work with an expert witness to build a successful case.
Patients rely on medical care providers to administer competent and compassionate care at all times. Unfortunately, doctors may not always uphold this standard of care while treating their patients.
If you were injured after receiving treatment from a negligent doctor, a Colorado Springs medical malpractice lawyer could help you explore your options for pursuing a civil claim. To discuss the specifics of your case, schedule a consultation today.