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.


All communications treated as confidential.  No attorney-client relationship created.