When you visit your doctor’s office for a minor procedure, a major surgery, or simply a routine checkup, your physician has a legal duty to treat you in compliance with the medical standard of care. Unfortunately, this is not always the case. When a medical professional makes mistakes due to negligent behavior or misconduct, it can lead to severe losses and a lifetime of complications.
If you sustained losses because of your doctor’s negligence, you should speak with a well-versed Pueblo medical malpractice lawyer as soon as possible. A skilled personal injury attorney could guide you through this complex process and help you obtain medical experts to verify your claim.
The losses someone may suffer as a result of medical malpractice can differ greatly from those in other types of negligence lawsuits. Additionally, there are many steps within the medical process for which a health care provider could be liable if they make a mistake.
A knowledgeable medical malpractice lawyer in Pueblo could help a claimant build a case depending on the type of misconduct that occurred. Some examples of these claims may include:
An attorney handling a Pueblo medical malpractice claim may face additional legal challenges compared to a traditional injury lawsuit. The primary complication in these cases is the certificate of review.
By signing this document, a medical professional is verifying that a plaintiff has good cause to proceed with their claim. The certificate must reflect that the plaintiff consulted with a medical professional with experience in the relative field of medicine. This document also must state that they reviewed the plaintiff’s records and that the claim does not lack substantial justification.
The claimant must file the certificate of review within 60 days after serving the lawsuit. If the plaintiff cannot complete this certificate within this time, the court has the power to grant an extension for good cause. The failure to include a certificate of review may result in the dismissal of a medical malpractice claim. Fortunately, a seasoned lawyer could help an injured victim file a claim promptly.
Unlike some types of cases, the damages available in a medical malpractice lawsuit face caps. The “umbrella” cap limits recovery to $1 million, regardless of the types of damages the plaintiff establishes at trial. A Pueblo lawyer with experience litigating medical malpractice cases could argue against this cap if they can prove that its application is unjust. A claimant also may face a cap on their non-economic damages. This cap limits the recovery of these damages to $300,000.
The losses you may face as a result of a medical professional’s negligence can be substantial. As a result, if you have suffered due to a doctor’s error, you should pursue monetary compensation with help from a dedicated Pueblo medical malpractice lawyer. To learn more about how a seasoned attorney could help you, schedule a case consultation today.