Failure to Diagnose
Failure to diagnose in Denver can occur if a medical practitioner or professional fails to properly diagnose your condition, and as a result, your condition worsens or you suffer additional injuries. Any of the following can potentially be liable for a failure to diagnose:
- Specialists, and
- Any other physicians.
According to §13-80-102.5 of the Colorado Revised Statutes, the medical malpractice statute of limitations (SOL) states that a claim for medical or health care injuries, including injuries from a failure to diagnose, may be barred after a certain period of time has passed. For most medical malpractice cases, this time period is only two years in Colorado. However, if the medical provider who committed the malpractice was employed by a governmental entity, such as a city, county or state, different rules may apply.
Under the Colorado Revised Statutes § 24-10-109, an injured party must give the governmental entity formal written notice of the claim within 180 days of the injury date. An individual's claim may be barred from seeking compensation for their injuries if they fail to provide proper notice under Colorado law.
Denver Failure to Diagnose Lawyer
Contact the Law Office of Jennifer L. Donaldson today at (303) 458-5000 for a consultation about your injuries sustained from failure to diagnose throughout Denver and the surrounding areas of Boulder, Longmont, Lakewood, Arvada, Aurora, Thornton, Westminster, Centennial and Littleton. Attorney Jennifer L. Donaldson is an experienced failure to diagnose attorney in Colorado and will work diligently to help you obtain full and fair compensation for the injuries you sustained from a medical professional's failure to diagnose your medical condition. Call the Law Office of Jennifer L. Donaldson for a consultation about your failure to diagnose claim today.
Failure to Diagnose Injuries in Colorado
Medical practitioners often fail to diagnose many different types of medical conditions in Denver. Some of the most commonly misdiagnosed or undiagnosed conditions can include:
- Blood clots or DVT,
- Chronic respiratory diseases,
- Heart conditions,
- Many degenerative diseases,
- Multiple sclerosis,
- Pulmonary embolism,
- Thyroid disorders, and/or
- Untreated or undiagnosed infections.
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Denver Failure to Diagnose Lawsuits
An individual that has suffered an additional injury, worsened condition or death as a result of a medical professional's failure to diagnose should contact an experienced personal injury lawyer as soon as possible after they are made aware of the misdiagnosis or lack of diagnosis.
In order to recover damages for your failure to diagnose claim, your attorney will file a negligence lawsuit against the negligent medical professional. In order to win the suit, your attorney will have to prove by a preponderance of the evidence the medical professional owed you a duty, they breached that duty, and as a result actually and proximately caused your injuries. A preponderance of the evidence is a burden of proof that is established, and you will likely be able to recover damages, if more of the evidence weighs in your favor than it does not.
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Denver Damages for Failure to Diagnose
The Colorado Revised Statutes states that an individual who files a lawsuit for injuries that arose from a medical malpractice claim, including failure to diagnose, may be entitled to any of the following types of damages:
- Economic damages are intended to compensate the injured party for any financial or actual loss they have sustained or will continue to suffer in the future as a result of the failure to diagnose. These damages can include:
- Loss of earning capacity,
- Loss of earnings,
- Medical and rehabilitation expenses, and/or
- Any other economic losses.
- Noneconomic damages are intended to compensate the injured party for any non-financial losses they have suffered as a result of failure to diagnose, including:
- Emotional pain and suffering,
- Impairment of quality of life,
- Mental stress,
- Physical disfigurement, and/or
- Physical harm or impairment.
Under section 13-64-302 of the Colorado Revised Statutes, all medical malpractice noneconomic damages, including failure to diagnose, are presently capped at $300,000. Additionally, this section of the Colorado Revised Statutes also states that total damages, including economic and noneconomic damages, for medical malpractice claims against a health care institution or provider are generally limited to $1 million per patient. However, the court may award additional economic damages upon a showing of good cause that the actual economic damages exceed the limitation and the limitation would be unfair.
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Law Office of Jennifer L. Donaldson | Failure to Diagnose Attorney in Denver
Contact the Law Office of Jennifer L. Donaldson today for a consultation about the injuries you suffered as a result of a medical practitioner's failure to diagnose in Denver County and the surrounding areas of Boulder County, Jefferson County, Adams County and Arapahoe County. Jennifer Donaldson is a knowledgeable medical malpractice lawyer who will listen to the facts of your particular situation and make every effort to help you recover full and fair compensation for your worsened medical condition or the injuries you sustained. Call (303) 458-5000 for a consultation about your failure to diagnose claim in Denver area today.