Medical Malpractice Cases in Denver Colorado Are Numerous
Leading medical malpractice lawyer, Jim Avery, handles the most complex catastrophic cases when negligence medical practitioners, such as a doctor or nurse, result in injury and/or death. Medical negligence can be a long and expensive process to endure, so it is critical to have a lawyer with the right background and knowledge thoroughly evaluate your case. Negligence occurs everywhere and medical malpractice law in Denver is a area Avery Law Firm excels.
Personal Experience Brings Unparalleled Compassion
Jim Avery began his legal career representing doctors and hospitals (University of Colorado), and has been working within the Denver medical-legal community for thirty years. He changed focus and began limiting his practice to representing malpractice victims in 1989, due to his compassion for the injured and their families when his own mother suffered a lifelong disabling injury from a brain aneurysm. Having the experience of working on both sides of the case has given Jim a clear perspective of the issue of malpractice, and he is highly respected in the field as one of the few lawyers in Denver who has given up the defense of medical practitioners in favor of representing the less fortunate victims. His success, perhaps as a result of his unique perspective, is unparalleled in the Denver medical malpractice arena. Whether your case is one that you seek to settle out of court, or present to a jury for determination, you want the 30 years of experience that Jim Avery brings to your case. The results will be lifelong.
Medical Standard of Care
Attorneys determine medical negligence based on a violation of medical guidelines which establish the standard of care. Standard of care specifies the appropriate treatment for a given condition that doctors should act responsibly and cautiously to avoid harming patients. For example, it is standard of care to order antibiotics for a patient with a dog bite wound; however, if the attending physician or nurse did not read the patient’s file which contains allergy information concerning the prescribed antibiotic, then he/she deviated from the standard of care. When a violation of the standard of care results in injury to the patient then there is medical malpractice. The standard of care is determined by good medical practice nationwide within the specialty area under scrutiny. In simplest terms, failure to provide good medical care is usually malpractice when it causes injury to a patient. Avery Law Firm helps the injured find quality doctors to evaluate the care in a given case, and support the claim in the courtroom (if necessary) through expert opinion testimony. Due to Jim Avery’s 30 years of experience in hundreds of cases, Avery Law Firm has a deep pool of experts to draw from to evaluate your case, with a history of successful results (whether an out-of-court settlement or trial).
Medical Malpractice Compensation / Damages
The nature and extent of the injury (and resultant disability) is used to determine medical malpractice compensation. Damages are the compensation a victim is entitled to (usually from an insurance policy) as a result of the negligence including:
- the cost of past and future medical treatment and rehabilitation expenses
- recuperation for loss of past and future wages
- compensation for past and future pain and suffering, loss of enjoyment of life, disability, disfigurement, etc.
- out-of-pocket costs (deductibles, mileage, medications, etc)
Damages claims against health care providers in Colorado are subject to numerous laws, most notably, the Health Care Availability Act, which applies caps on certain categories of damages. Understanding this law and these damages caps is essential to know the value of your case and successfully present the case in court.
Often, a loved one has died because of medical malpractice and the damages attributed to loss of life are incalculable; however, the law has devised a remedy which is the same damages as in any death case (“”net pecuniary loss rule””). See our discussion of wrongful death cases for an explanation of the damages recoverable in death cases. If no damage occurred then there is no basis for a medical malpractice claim.
Avery Law Firm – The Knowledge, Skill and Resources to Succeed
Few lawyers or firms possess the knowledge, skill and resources to successfully handle medical malpractice cases. A medical malpractice lawyer is a highly specialized attorney that has to know hundreds of years of case precedent and complicated statutes governing technical legal issues. For example, medical malpractice laws on statutes of limitations and damages are different from those governing other areas of personal injury. Get it wrong, and the value of a case is greatly diminished or lost with disastrous consequences for the client and lawyer.
Most medical malpractice cases involve complicated medical issues of causation and damages. These issues are typically the subject of ‘expert’ testimony, by physicians or other professionals (eg., rehabilitation counselors or economists) who specialize in the area under scrutiny. After 30 years of experience, as both a defense lawyer (representing University of Colorado physicians) and victim’s (plaintiff) lawyer, Avery Law Firm has an extensive network of proven expert witnesses. The selection of experts is a critical to the success of a case, which bears on both the settlement value and likelihood of success at trial.
Jim Avery is currently handling an $8+ million claim involving a brain injury to a 23 year old young man who was injured as a result of a toxic reaction to a non-FDA approved drug that was prescribed by his former physician, Daniel Brookoff, M.D. (Deceased). The case is scheduled for trial in the Denver District Court in March, 2014.
Jim Avery has an unprecedented track record in medical malpractice, with well over a 90% win ratio (compared to about 40% among lawyers nationwide). His 30+ years of experience commands respect by other members of the bar and judges, who have voted him a Super Lawyer in the field of Plaintiff’s Medical Malpractice among his peers. Only 5% of lawyers hold the distinction of Super Lawyer, and only a very few in the field of Plaintiff’s Medical Malpractice.
If you believe that you have a case please contact our Denver law offices at 303-840-2222 or (866) 987-4368 for an immediate free consultation, or fill out a contact form. We are committed to seeking justice for you and your loved ones and giving you the best representation.