A medical malpractice or medical negligence case is a case brought against a health care provide alleging they did something below the standards of care that resulted in injury or death. A medical malpractice claim is a civil case as opposed to a criminal case. A criminal case is brought by the local, state or federal government to prosecute crimes against the state or federal government, or society as a whole.
Often, the first questions clients ask a lawyer are: (1) do I have a case; and (2) what is my case worth? There is significant effort involved in answering these questions.
In order to establish a medical malpractice claim, a plaintiff must demonstrate (1) the physician owed plaintiff a legal duty of care; (2) breach of the duty of care; (3) injury to the plaintiff; and (4) and that the physician’s breach of the duty caused the plaintiff’s injury. Day v. Johnson, 255 P.3d 1064, 1068-69 (Colo. 2011).
The medical malpractice case must be rigorously evaluated, not only for the merits of the case but also for it’s potential damages.