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Medical Malpractice Lawyers - FAQs

in Denver and Aurora, Colorado

1. What is medical malpractice?

   Medical malpractice is any error occurring in a medical setting due to the negligence (a negligent act, failure to act, or omission) of a healthcare provider, which results in injury.

   The test for medical malpractice is similar to the test for determining negligence in other personal injury cases. Both tests hang on the legal concept of "negligence." Medical malpractice is a medical professional's failure to act as a reasonable and prudent medical professional would under similar circumstances. If that failure results in injury to a patient, that patient or their surviving family may file a medical malpractice claim.

2. Who can I file a medical malpractice claim against?

   It depends on your specific situation, but generally claims are filed against physicians, surgeons, nurses, pharmacists, technicians, hospitals, and managed care organizations (such as HMOs and PPOs).

3. What are typical medical malpractice claims?

   The most common forms of medical malpractice are:

   • Misdiagnosis of a medical condition
   • Mistreatment of a diagnosed condition
   • Failure to obtain "informed consent." Informed consent is the full disclosure of all the facts, including various potentially negative side effects, of a medical treatment. The medical professional must disclose this information to the patient before the patient agrees to undergo the procedure.

4. What types of damages can I receive from a medical malpractice claim?

   It depends on the specifics of your medical malpractice claim. However, the most common areas of damages are:

   • Medical expenses
   • Pain and suffering
   • Lost wages
   • Permanent disability
   • Mental Anguish
   • Prescription Costs

5. Why do I need a medical malpractice lawyer?

   Medical malpractice claims are very complicated. There are numerous legal conditions that must be satisfied - error on the part of the medical professional is not enough by itself to win your claim.

   To prove a medical malpractice claim, the injured party must establish that the medical professional failed to act in accordance with the established standards of medical practice. Then, it must be established that this negligence is what caused your injury or suffering. Finally, the damage caused by the medical malpractice must be shown.

   This is not an easy thing to do. It requires expert testimony as well as lawyers who have a thorough understanding of medical procedures. Here at the Brake Law Firm, medical malpractice is one of our main focuses, and we have a great deal of experience.

Our focal areas are the following, so please use these links to read more.

Auto and Trucking Accidents
Severe Injury
Medical Malpractice
Defective Products
Dangerous Drugs
Wrongful Death
Employment Related
Business Law
Insurance Bad Faith
Individual Services

Contact us today and leave your legal concerns in the hands of experienced, knowledgeable and effective counsel.

Since 1983 the Brake Law Firm has successfully served clients involved in medical malpractice in Denver, Boulder, Lakewood, and Aurora, Colorado. Other areas of service include personal injury, employment law, corporate law, insurance law, individual services, and wrongful death. This website has been posted to the public for informational purposes only. No information within this site should be viewed as formal legal advise. If you would like to speak with one of our Aurora medical malpractice lawyers, contact us today for a consultation.