What if I’ve been Injured by Medical Malpractice?

Medical malpractice occurs when a health care provider, typically a doctor, a hospital, or a pharmacist deviates, by act or omission, from accepted standards of care in the medical field, and it results in the injury or death of a patient. In Colorado, an injured patient is eligible to receive compensation if he can establish negligence on the part the health care provider.

In order to establish negligence, the patient (and his personal injury attorney) must show four things. First, that the health care provider had a duty of care, or legal obligation to the patient. Second, that there was a breach of the duty of care: if the health care provider failed to meet the relevant standard of care established by the medical field. Third, that the patient suffered real injuries. Fourth, that this failure to meet an acceptable standard of care was the cause of the patient’s injuries.

If you’ve been injured as a result of the actions of a doctor, nurse, hospital, a pharmaceutical company, a medical device manufacturer, or other health care provider, your personal injury attorney will need to know as much as possible about what happened to you and why. Here are some documents that you can obtain for your attorney that will help him or her prove your case and get you the best possible outcome.

  • Your Medical Records. If you can’t obtain your medical records, give your attorney the names and addresses of the health care providers you’ve seen. Your attorney will then be able to obtain copies of your medical records on your behalf.
  • Your Mental Heath Records. If you’ve been treated by mental health professionals such as psychologists, psychiatrists, or psychotherapists, your attorney will need to review those records whether or not you claim that the need for the treatment was related to your illness or medical condition.
  • Your Insurance Information.
  • Your Prescription Information. Be sure to provide your attorney with the names of all prescription medications that you’ve taken, including the dosage.
  • Your Medical Bills and Invoices.
  • Evidence of Lost Wages. Wage records and pay stubs from before and after you were injured. If you cannot locate these, your attorney can request them from your employer.
  • Any Document You have Received from the Defendant.

Should I Hire an Attorney?
Due to the complexity of the issues involved and experience and resources at the disposal of most health care providers and their insurance companies, you should contact an experienced Colorado personal injury attorney immediately if you’ve been injured as a result of medical malpractice. The insurance companies for the hospitals and drug companies will do everything they can to fight your claim and keep you from getting compensation for your injuries. Don’t take on the insurance companies alone: call a Colorado personal injury attorney today and get the compensation that you deserve.