Medical Negligence
Of all injury lawsuits, few are as emotionally and intellectually difficult as the medical negligence case. At Cross & Bennett, however, we see medical negligence cases as among our biggest challenges. The firm provides representation to persons injured due to the negligence of physicians, chiropractors, osteopaths, nurses, therapists and psychologists, indeed, any health care provider. We also provide representation in lawsuits against public and private hospitals, clinics, nursing homes and HMOs.
Studies have shown that there is, indeed, a "medical malpractice crisis" in America. That crisis involves a shocking number of medical mistakes that leaves tens of thousands of Americans dead or seriously injured every year. A publication of the National Academy of Sciences Institute of Medicine, "To Err is Human," published in 1999, estimated that as many as 195,000 Americans die every year from medical mistakes. A Harvard School of Public Health study had previously put that number at about 98,000 deaths per year.
Our cases involve issues such as late diagnosis, failure to diagnose, birth trauma, surgical errors, prescription and medication errors, and infection. See our list of recent cases for a more comprehensive list of the types of medical errors we have successfully handled. We understand the complexity involved in cases of true medical negligence, and we have the resources to investigate and prosecute significant claims.
Among our most interesting and successful cases was that of a teenage girl who had undergone a bone marrow transplant (BMT) in California for acute myelogenous leukemia. Following her transplant, she and her family moved from California to Colorado and she came under the care of several local hematology/oncology specialists. About nine months after her transplant, this young lady developed signs and symptoms of graft-versus-host-disease, or GVHD, a common complication of the type of BMT that she had undergone. Among the signs and symptoms of GVHD were severe weight loss, painful and debilitating joint contractures, thickened skin, severe lung disease, liver and kidney disease and blindness. For about nine months her physicians failed to properly test their patient for GVHD. We filed suit against three physicians for negligent diagnosis and treatment. Prior to trial we were able to settle with 2 of the 3 physicians. A trial in Denver against the third physician resulted in a verdict in favor of the teenager for $7.1 million. At the time, this was one of the largest medical malpractice verdicts in state history.
For more detailed information about medical malpractice cases, visit our frequently asked questions.
