Hospital Liability and Patient Rights
Hospital liability is premised on violations of industry standards defined by credentialing organizations such as the Joint Commission, Medicare Condititions of Participation, institutional policies and procedures, and sometimes simple negligence by its employees (such as nurses, technicians, HR personnel,
orderlies, etc). Hospitals are all major corporate entities with vast resources to defend themselves, and such lawsuits can take years to resolve and involve major resources. There are virtually no small claims worth pursuing, so these cases generally involve catastrophic injury or injury to masses of people (whose claims can be combined). Patient rights claims involve violations of the patient bill of rights, such as interference with parental decision-making or medical kidnapping.
For example, James Avery recently handled the Rocky Allen HIV Swedish Hospital (operated by Healthcare Corporation of America-HCA) case, where over 2,000 patients were exposed to HIV in the operating suites as a result of the negligent hiring of an HIV infected surgical technician with a narcotics addiction who was swapping needles from patient OR’s. James Avery has handled numerous precedent setting patient rights cases garnering national attention.
Each case requires a complex analysis of individual healthcare practice standards, hospital standards and policies, federal and state law. It is a highly technical area of law. These cases demand an experienced medical-legal trial lawyer.*
If you or a loved one has been injured at a hospital, contact James Avery at 303-840-2222 or complete the contact form below for a confidential consultation.
*Avery Law Firm principal James Avery has more than 35 years personal experience in handling hospital liability and patient rights cases. He started his career representing University of Colorado Medical Center and Hospital and its physicians. After several years, he realized that his passion was for patients injured by malpractice and unfair hospital practices. Avery handled the landmark case involving over 600 infants who underwent unnecessary skull surgery at Children’s Hospital Colorado, a case which four times landed on the front page of the Denver Post and was reported in ABC’s 20/20 and the Wall Street Journal. It lead to the reform of the Children’s Hospital Colorado and resulted in all departments being governed by University Physicians.
Verdicts, Judgments and Settlements:
Patient claiming $9 million damages prevailed in Colorado Court of Appeals and established new law in Colorado that Dead Man’s Statute has no applicability where insurance covers any judgment. Clark v. Brookoff, 2014CA1131 (4-7-16).
$1 Million insurance Bad Faith Settlement by property owner against Chubb Group of Insurance Companies and Great Northern Insurance Company. Property owner suffered water penetration during 2013 Colorado floods, which developed into mold inside the dwelling. Parties could not agree on damages, and Chubb demanded appraisal under the policy, which contained a $10,000 mold limitation. Property owner sued for bad faith in U.S. District Court., 2016
$1.25 Million Arapahoe County jury verdict in favor of auto accident victim who suffered soft tissue injuries including post-traumatic concussion induced headaches (MTBI-mild traumatic brain injury). This is the largest award ever in Colorado for post-concussion headache syndrome. Former client of Franklin D. Azar & Associates, who was offered $75,000 before trial and changed lawyers.
$1.6 million Denver county jury verdict in favor of quantify meaning in tamil 14 year old who suffered heat stroke in youth basketball league game operated by Gold Crown Foundation, Inc.
$12 million Bankruptcy court judgment in favor of auto accident injury attorney investors of Western Monetary Consultants related to precious metals ponzi scheme in the first successful Colorado civil RICCO action.
$1 Million policy limits settlement in favor of patient who suffered severed spinal cord during surgery to remove tumor.
$1.4 Million Jefferson County jury verdict in favor of USAF pilot who suffered mild traumatic brain injury (MTBI) in Colorado’s first ever “road rage†case.
$1.2 Million insurance bad faith settlement in favor of truck driver who suffered Permanent Total Disability (PTD) and whose benefits were denied by Insurer due to presence of marijuana at accident scene.
“Largest ever†(according to Mediator) confidential settlement against local children’s hospital in favor of patient who suffered anoxic brain injury during surgery.
$450,000 Harris County (TX) jury verdict in legal malpractice case against famous “Texas Tobacco Lawyer†John Eddie Williams in favor of former client and plane crash survivor with mild traumatic brain injury. Co-counseled with famed Texas lawyer Richard “Racehorse†Haynes.
$750,000 insurance bad faith settlement in favor of Underinsured auto owner whose benefits were denied.
Settlement of legal malpractice case against Sawaya Law Firm pecuniary means in favor of former client and pilot who survived plane crash.
$250,000 Jefferson County jury verdict in favor of patient of ER physician at Lutheran Medical Center (defended by Peter Pryor).
$850,000 settlement in favor of Estate of ER patient in Southern Colorado who died following failure to diagnose aortic pecuniary dissection.
Numerous confidential settlements against car accident injury lawyer insurers, health care professionals and hospitals.
Responsible for forced reorganization of Children’s Hospital Colorado and departure of Chief of Pediatric Neurosurgery following the dozens of lawsuits on behalf of infants who underwent unnecessary skull surgery related to false “craniosynostosis epidemic“.
Results are examples of recoveries pecuniary damages and not guarantees of results in future cases. All cases must be evaluated on individual merits.
18 Wheeler Semi-tractor Trailer Commercial Carrier Motor Vehicle Accidents are often high stakes litigation, due to the significant risk of serious bodily injury or death.
Avery Law Firm: America’s Top 100 High Stakes Litigators awarded in 2019 for achievements in cases involving $1 million or more in damages.
At Avery Law Firm, we want accident victims to know medical lawyer their rights. We feel compassion for victims, and fight for top dollar recovery.
What to know: Federal motor carrier safety regulations (CFR’s), which are adopted by most states as standards for interstate trucking, mandate minimum insurance coverage based on the type of load that a carrier is transporting. For instance, carriers transporting property have the lowest coverage, $750,000 birth injury lawyer minimum. Carriers transporting hazardous cargo have the highest coverage, $5 million minimum. These coverages are per ‘occurrence’ not per victim, so multiple injury or fatality accidents can mean woefully under-insured drivers. In those instances, claims against the company employing the driver are often pursued to recoup damages in excess of the mandated insurance coverage. These cases require special expertise, not known to average lawyers.
What to do: If you or a loved one has been involved in an accident, caraccident report it to your insurance company right away even if you don’t car crash lawyer bear any responsibility for the accident. This triggers your personal under-insured motorist protection. Next, contact a lawyer experienced in 18 wheeler accidents and other complex litigation to find out your rights before talking to anyone besides the police and your own insurance company.
AVERY LAW FIRM principal James Avery has over 37 years experience handling trucking accident cases, first as a defense lawyer for big insurance companies (Wausau, St. Paul, Travelers, Allstate, USAA, and others) then in 1997 he limited his practice to only representing accident victims. James Avery has been recognized as one of the nation’s top personal injury and high stakes litigation attorneys by numerous prestigious organizations like Super Lawyers, 5280 Magazine, America’s Top 100, Nation’s Top 1%, etc.
If you or a loved one has been injured or killed in a 18 Wheeler Semi-tractor Trailer Commercial Carrier Motor Vehicle Accident, call lawyer James Avery now. Experience counts. Call 303-840-2222 now (24/7) or complete the confidential contact form below.
Our fee promise: If no recovery, you owe us nothing.
https://denverinjurylaw.co/