Medical malpractice is the physician's failure of a standard of care that eventually leads to damages and injuries to a patient. Any type of misconduct during a physician's practice of medicine is also deemed by courts to be a form of malpractice.

Standard of Care

Every physician needs to live up to the standard of care practiced by other physicians in the same community or similar locality. Many states even expanded this standard to a national standard regardless of jurisdiction. Due to the complexity of proving the negligent action of a physician, a Denver medical malpractice lawyer should be consulted for legal action if medical malpractice is suspected.

Insurance Claim

Every physician in Colorado needs to have a liability insurance. Thus, every Denver medical malpractice lawyer would advise the victim to pursue a claim against the insurance company if there are sufficient substantial arguments that will support such a claim. The first step is to gather important information such as medical reports, police reports, witness testimonies, photographs and any other tangible evidence.

In order to be certain that all injuries are properly documented, a medical malpractice lawyer in Denver would advise the injured to undergo certain tests and studies such as a CAT scan, MRI and other tests. The results should be reviewed by a qualified physician who will then sign and verify the authenticity of the medical diagnosis. A Denver medical malpractice lawyer could also ask the physician to assess whether there are indications in the test that the victim could suffer long term injuries.

Damages

If the victim presents enough evidence to prove a case of medical malpractice, there is a high probability that the insurance claim would be awarded. However, a claim for punitive damages, which includes compensation for emotional distress, pain and suffering, could be more challenging to prove. Thus, a medical malpractice lawyer in Denver would advise a victim not to pursue compensation for punitive damages right away. Also, since punitive damages depend on the award of compensatory damages, the victim needs to wait until the question about compensatory damages is settled with the insurance company. However, if the injured insists on pursuing a claim for punitive damages, he needs to provide evidence that the medical professional knew or could have known that his actions could result to injuries or damages of the victim. This element of the claim is the most difficult to prove and many courts have expressed their hesitance in awarding such a claim to the victim.

In some states, the amount of punitive damages is not limited to a certain amount. However, there is a maximum cap of $500,000 for punitive damages set by some state courts. In the rest of the country, the maximum amount is $250,000.

To ensure that the victim receives the amount that he is entitled to, it is imperative to seek the legal advice of a Denver medical malpractice lawyer who could assist the victim with the preparation of the documentation and the negotiation process.