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Banner Health v. Gresser: Colorado Supreme Court Affirms Exceeding HCAA Damages Cap
Background of the Medical Malpractice Action
Chance and Erin Gresser brought a medical malpractice case against Banner...
Sustaining an injury at the hands of trusted medical professionals can be frightening for you and your loved ones. Not only are you recovering from the injuries you sustained, additional medical bills and potentially life-changing results from your injury can add to your overall mental stress. Medical malpractice occurs when a hospital, doctor, or other healthcare professionals causes injury to a patient, and the hospital, doctor, or healthcare professional has a valid doctor-patient relationship with you at the time of the medical mistake. Additionally, the injury must be caused through negligence and resulted in an error in diagnosis, treatment, aftercare, or health management.
Typically, medical malpractice claims must contain:
Medical malpractice lawsuits are very complex and can be difficult to prove. State laws covering medical practice claims and lawsuits vary greatly and can include:
In most medical malpractice cases, expert testimony is required regarding the standard or typical medical care for your original aliment, as well as the relationship between the physician’s medical decision and your injury. These reasons are why it is important to speak with an experienced medical malpractice lawyer as soon as possible.
At Whitcomb Selinsky, PC, we will help determine the validity of your medical malpractice claim. Our malpractice experts, headed by Nathan J.D. Veldhuis in Virginia and Washington, DC and Doug Fields in Colorado, will look at your case to determine what rule or rules were broken and how that led to your injury. We will work directly with medical experts to provide evidence and testimony to prove your claim, negotiate with insurance companies to provide you with a fair settlement, and take your case to trial, if needed.
There are many common mistakes or types of medical negligence that can lead to a medical malpractice claim or lawsuit. Some examples of medical negligence that might lead to a claim or lawsuit are:
Typically, medical malpractice claims must contain:
Medical malpractice lawsuits are very complex and can be difficult to prove. State laws covering medical practice claims and lawsuits vary greatly and can include:
In most medical malpractice cases, expert testimony is required regarding the standard or typical medical care for your original aliment, as well as the relationship between the physician’s medical decision and your injury. These reasons are why it is important to speak with an experienced medical malpractice lawyer as soon as possible.
At Whitcomb Selinsky, PC, we will help determine the validity of your medical malpractice claim. Our malpractice experts, headed by Nathan J.D. Veldhuis in Virginia and Washington, DC and Doug Fields in Colorado, will look at your case to determine what rule or rules were broken and how that led to your injury. We will work directly with medical experts to provide evidence and testimony to prove your claim, negotiate with insurance companies to provide you with a fair settlement, and take your case to trial, if needed.
Failure to diagnose, delay in diagnosis, or misdiagnosis
Failure to order proper testing
Neglecting to create a follow-up plan, or poor follow-up or aftercare
Skipping patient history or physical exam, or disregarding patient history
Incorrectly reading or ignoring a test result
Medication errors, including improper medication or dosage
Surgical mistakes such as unnecessary surgery, surgical errors, or performing surgery on the incorrect site
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