Doctors and other medical care providers are held to a higher standard of care than others. Because of this great responsibility, if a physician fails to meet this standard, they should be held accountable for their careless actions.
However, before you proceed with a medical malpractice lawsuit, it is vital to understand the laws that may apply to your case. A Monument medical malpractice lawyer could explain how the state’s laws may affect your situation and discuss possible options to file a claim. Additionally, a personal injury attorney could work to ensure that you have all the necessary documentation to move forward with your claim.
State law requires a plaintiff in a medical malpractice case to file a certificate of review within 60 days of serving a lawsuit on the defendant. This certificate must state that the plaintiff has consulted with a medical expert who has relevant experience in the area of medicine central to the case.
Additionally, this document affirms that the expert has reviewed the plaintiff’s records and claims, which concludes that their lawsuit has sufficient justification. If the defendant in a malpractice case is a doctor, the certificate of review should also include a declaration that the consulted medical professional qualifies as an expert who may present their opinion under the state’s civil court rules.
Failure to file a certificate of review may cause result in the dismissal of a lawsuit. A medical malpractice attorney in Monument could help an injured patient obtain an expert opinion and submit the certificate of review.
Colorado Revised Statute §13-80-102.5 gives plaintiffs two years to file their case from the date of the incident, the day which they found their injuries, or the date on which they reasonably should have discovered that a medical error hurt them. If an injured patient does not meet this statutory deadline, they may risk their opportunity to recover damages. However, there are specific exceptions to this statute of limitations.
For example, state law establishes that an individual must submit their case within three years of the malpractice incident, regardless of when they discovered their injuries. Additionally, someone who is filing a lawsuit on behalf of a minor who was younger six years old at the time of the malpractice incident must file before the child turns eight. A Monument lawyer could help an injured party file their medical malpractice case on time according to the applicable statute of limitations.
State law provides limits to the amount of compensation a plaintiff may recover if a jury finds that the doctor or other health care provider’s error caused the claimant’s injuries. There are two separate caps on damages in medical malpractice cases.
The law establishes a one million dollar cap on the total compensation a claimant may receive, including medical bills, lost wages, reduced earning potential, and more. The second cap sets a $300,000 limit on noneconomic losses in these claims, including compensation for pain and suffering, fear and anxiety, loss of life enjoyment, scarring, sleeplessness, and disfigurement.
The legal process for filing a claim based on doctor negligence can be difficult without proper legal counsel. Fortunately, a caring Monument medical malpractice lawyer could guide you through this daunting and complex legal system. To learn how one of our compassionate attorneys could help you, call today.