Your Questions About Medical Malpractice, Answered
In this episode of the Difference Makers podcast, Paige Singleton, Director of Medical Malpractice at Ramos Law, discusses the nuances of medical malpractice law and its challenges. Paige explains that medical malpractice involves situations where healthcare providers—doctors, nurses, or other professionals—act negligently, resulting in harm to patients. She elaborates on common cases, such as misdiagnoses, medication errors, and birth-related injuries, emphasizing the importance of significant harm for a case to proceed. Paige stresses the complexity of medical malpractice cases due to legal requirements like expert testimonies and the high costs associated with litigation.
The discussion also covers damage caps in Colorado, which limit non-economic damages (like pain and suffering) to $300,000, with future incremental increases. Paige highlights the strategy behind handling medical malpractice and personal injury cases, including how certain cases, like catastrophic injuries, can circumvent caps by focusing on uncapped physical impairment damages. She underscores the importance of expert witnesses, thorough evidence, and the need for clear causation between negligence and harm. The episode concludes with Paige reflecting on the lengthy timelines and limited number of cases firms can take due to the stringent requirements for proving negligence and injury.
Key Insights
- What is Medical Malpractice?
- Negligence by healthcare providers resulting in harm to patients.
- Common examples include misdiagnosis, surgical errors, and medication mistakes.
- Challenges in Medical Malpractice Cases:
- High litigation costs and the need for expert witnesses make these cases complex.
- Significant harm or catastrophic injuries are necessary for pursuing a claim.
- Damage Caps in Colorado:
- Non-economic damages are capped at $300,000, set to increase incrementally.
- Caps on total damages can limit recovery, influencing litigation strategy.
- Evidence and Expert Testimony:
- Detailed medical records and expert opinions are crucial for proving negligence.
- Experts must establish that a reasonable healthcare provider would have acted differently.
- Timelines and Case Volume:
- Cases often take 2-3 years due to lengthy investigations, litigation, and trial preparation.
- Firms take on only a small percentage of potential cases due to the high bar for proving negligence.
Q1: What qualifies as medical malpractice?
A: Medical malpractice occurs when a healthcare provider acts negligently, causing harm to a patient. Examples include failing to diagnose a condition, making surgical errors, or prescribing incorrect medications.
Q2: Why are medical malpractice cases so expensive?
A: These cases require expert witnesses, detailed investigations, and extensive litigation, all of which contribute to high costs.
Q3: What are damage caps in Colorado?
A: Non-economic damages (e.g., pain and suffering) are capped at $300,000, increasing incrementally starting in 2025. Total damages are generally capped at $1 million unless a judge finds good cause to exceed it.
Q4: How long do medical malpractice cases take?
A: The process typically takes 2-3 years, including investigation, filing, and trial preparation.
Q5: How do I know if I have a valid medical malpractice case?
A: Consult an attorney promptly. Key factors include evidence of negligence, significant harm, and a clear causal link between the provider’s actions and the injury.