Medical Malpractice in Colorado

Medical malpractice arises when a doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.

What Evidence Do I Need for Colorado Medical Malpractice Claims?

The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Colorado medical malpractice lawyer can guide you through this entire process.

While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.

  • There was a working relationship between the doctor and the patient. 
  • There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
  • There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
  • The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that any Colorado patient can sue for currently.

Colorado legislation also says that testimony on negligence or medical malpractice cases can only come from qualified experts. Additionally, courts do not allow more than one expert of a subspecialty per case. Planning out how to create the best case within the confines of the law makes having a lawyer a necessity.

Hospital Responsibility

You may wonder if you can also sue the Colorado hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the hospital or facility, they are not liable.

Types of Medical Malpractice

As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:

  • Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
  • Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
  • Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the procedure or treatment.

There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:

  • Misreading or ignoring test results from the lab
  • Making surgical errors
  • Not following up properly or not offering adequate post-care
  • Performing unnecessary procedures or surgeries

Damages Available in Colorado

There are three types of damages a court will award for medical malpractice.

  • General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
  • Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
  • Special Damages – Damages for expenses from medical bills and lost wages

The National Law Review reports that damage caps will increase in Colorado every two years. At present, there is a $300,000 noneconomic limit in medical malpractice cases. However, there is an overall limit of up to $1 million.

Statute of Limitations

Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.

The general limitation for medical malpractice lawsuits under Colorado law is two years. Specifically, the clock starts on your right to begin litigation on the date of the incident that led to injuries.

Medical Malpractice Review Panels

In some states, filing a medical malpractice claim requires presenting your case to a review panel of medical experts. This panel evaluates the evidence and testimony to determine whether malpractice occurred. While their decision is not the same as a court ruling, it is often a critical step in preparing for a lawsuit.

The findings of the review panel can add significant credibility to your claim. These findings are typically submitted to the court, where they are often referenced and may influence the final ruling.

Colorado’s Division of Professions and Occupations has an online portal for citizens to report medical malpractice. According to their website, if there appears to be a violation of the law, they officially process your complaint. If the investigation substantiates your claims, the responsible party receives a Letter of Admonition. Your case can also become referred to the Office of Expedited Settlement in an attempt to avoid litigation.

Do I Need to Hire an Attorney?

Medical malpractice claims in Colorado can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney in Colorado with experience in medical malpractice.

A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:

  • Build your case
  • Collect important evidence
  • Find expert witnesses to testify on your behalf
  • Help you prepare for the malpractice review panel
  • Take your claim to court

Work with an Experienced Local Lawyer in Colorado

Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Colorado attorney who is familiar with such cases. We can even help you connect with an attorney across Colorado state lines.

Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

Want to know more about a different area of Colorado law? We have you covered.

Auto Accident Injury

Bankruptcy

Business Law

Child Birth Injury

Child Custody

Child Support

Consumer Law

Copyright Law

Criminal Defense

Debt Collector Harassment

Divorce Law

DUI Law

Employment Law

Eviction Law

Foreclosure Defense

Identity Theft

Immigration Law

Insurance Claims

Lemon Law

Nursing Home Abuse

Patent Law

Personal Injury Law

Power of Attorney

Probate Law

Property Disputes

Real Estate Law

Social Security Disability

Tax Law

Traffic Law

Vaccination Injury

Workers Compensation

Workplace Discrimination

Wrongful Termination

Wills and Trusts

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.