Denver Medical Malpractice Lawyer

When a doctor fails to act professionally, or a hospital allows staff members to disregard medical policy, patients and their families suffer the consequences. The legal term for this conduct is medical malpractice.

At The Wilhite Law Firm, our dedicated personal injury attorneys represent victims of serious injuries, illnesses, and wrongful death. If you learn your doctor acted negligently or unprofessionally, a Denver medical malpractice lawyer can help you pursue compensation.

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What Is Medical Malpractice?

All medical professionals must adhere to professional and legal standards. In Colorado, a healthcare provider’s duties are generally defined by the applicable professional standard of care, which is typically established through medical expert testimony and may be informed by statutes, regulations, and professional guidelines. Of course, not every patient can be saved, and not all treatments are successful. However, if a healthcare provider fails to follow approved medical procedures or act as a reasonable medical professional would under similar circumstances, they may be liable for medical malpractice.

A Denver attorney from our team can help you hold medical professionals liable under malpractice laws. Nurses, anesthesiologists, pharmacists, and other medical staff must follow established professional rules and responsibilities. Doctors, hospitals, and medical facilities may, in certain circumstances, be held liable for the conduct of staff members under legal theories such as respondeat superior or for their own negligence in hiring, supervision, credentialing, or policy enforcement, depending on the specific facts of the case.

How To File a Medical Malpractice Claim

It is advisable to consult a medical malpractice attorney before filing a claim in Denver. Colorado Revised Statutes § 13-80-102.5 establishes a two-year statute of limitations for medical malpractice claims, generally beginning when the injury is discovered or reasonably should have been discovered. The statute also includes a three-year statute of repose, which typically bars claims filed more than three years after the alleged negligent act, subject to limited exceptions such as cases involving minors, fraudulent concealment, or retained foreign objects. You should collect all your medical records and witness contact information before you arrive at your attorney’s office.

To begin your claim, you must first file a complaint, and your attorney can help you with this step. Next, Colorado law generally requires a Certificate of Review to be filed within 60 days after the complaint is served on the defendant. This document confirms that your attorney has consulted with a qualified medical expert who has reviewed the case and believes there is a reasonable basis to move forward with the claim. This step helps ensure that medical malpractice cases are supported by professional medical review before proceeding further in court.

Once these documents are filed, they are served on the doctor or medical facility, and they have 21 days to respond. Afterward, the discovery process and negotiations begin. Discovery, the longest phase, involves exchanging information between you and the doctor. If the discovery process breaks down, the case may go to trial.

Contact a Denver Medical Malpractice Attorney To Discuss Your Legal Rights

Medical malpractice claims are costly and can take months or years to reach trial. Some elements of your claim may require expert witness testimony to show that your injuries resulted from a doctor’s negligence or other misconduct. Gathering the evidence through discovery may require court orders and subpoenas.

A Denver medical malpractice lawyer from our team can help you navigate the legal process. We work with trusted medical experts and can contact them as soon as your case requires it. We also ensure that your case is fully prepared when it is time to negotiate a settlement—because at The Wilhite Law Firm, Wilhite Wins.

If you or a loved one has been the victim of a medical malpractice injury, do not wait. Contact our office now for a free consultation.