Medical Malpractice Claims in Colorado
Medical mistakes, or “medical malpractice,” often result in catastrophic injury or death. A claim against a physician or hospital staff requires evidence that the health care provider violated the “standard of care,” or the rules health care providers must follow in providing medical care to patients.
In Colorado, a hospital is legally responsible for the medical malpractice or negligence of its employees, such as nurses, technicians, or therapists. Doctors are generally considered “independent” of hospitals and are required to carry their own separate medical malpractice insurance.
Examples of Medical Malpractice Cases
With over 175 years of combined experience in handling medical malpractice claims nationwide, our lawyers have represented a wide range of injuries that clients have sustained at the hands of a care provider.
There are multiple different types of medical malpractice — any time that a health care provider breaches the standard of care that is owed to a patient, and that breach results in harm that would not have otherwise occurred, medical malpractice has been committed.
Examples of medical malpractice cases handled by Denver Trial Lawyers ® include:
- Birth Injury:
While some birth injuries are inevitable, and there are various factors outside of a doctor's control that affect the risk of a birth injury (such as the size of the baby at the time of birth), a doctor has a duty to do everything possible to reduce the risk of injury and to exercise a reasonable degree of care. The improper use of forceps or a vacuum extractor, failing to properly monitor a baby prior to birth, failing to perform an emergency C-section, and other errors can all lead to harm. - Chiropractic Negligence:
Chiropractors, like other medical professionals, owe the same duty of care to their patients as other health care providers. Negligence that can lead to patient harm includes failing to refer a patient to a specialist, failing to get a patient's informed consent, and improperly manipulating the body. - Surgical Malpractice:
When a patient undergoes surgery, there are dozens of things that can go wrong — it is up to the surgeon to make sure that nothing does. Unfortunately, anesthesia errors, infections, leaving surgical equipment within a patient, operating on the wrong patient or wrong body part, and numerous other errors are more common than one may think. - Misdiagnosis:
While a doctor may not have a duty to properly diagnose every condition 100 percent of the time, they do have a responsibility to make sure that the proper steps toward achieving a proper diagnosis are followed. If a misdiagnosis is a result of a failure to refer a patient to a specialist, misinterpretation of test results, failure to order certain tests, or other acts of malpractice, a patient may have a claim. - Medication Mistakes:
Medication mistakes affect patients of all ages who suffer from a variety of conditions. Examples of errors that can be costly or even deadly to a patient include giving the patient the wrong medication, giving the wrong dose, giving medication at the wrong time, giving medication to the wrong patient, prescribing a medication that is dangerous when combined with other medications the patient takes, and administration errors.
Medical malpractice cases are very complicated and expensive to pursue. The medical malpractice team at Denver Trial Lawyers® understands the complex medical and legal issues associated with medical malpractice cases and can effectively pursue compensation on their clients’ behalf.
What Is the Statute of Limitations on a Medical Malpractice Claim in Colorado?
While knowing what your rights are when you are in the midst of a health crisis can be overwhelming and confusing, your ability to pursue a medical malpractice suit in Denver is limited by the state’s statute of limitations — the cap on the amount of time that you have to sue.
In Colorado, the statute of limitations is generally two years from the date of the act of malpractice. This means that if you undergo a surgery and learn (on the day of your surgery) that the surgeon operated on the wrong body part, you will have two years from the date of that surgery to file a medical malpractice claim for damages.
If you do not file your claim within two years, you will lose your right to recover damages.
There are some exceptions to the two-year deadline. In the event that the malpractice was not discovered immediately because it was concealed by the defendant, because a foreign object was left within the victim, or because, through reasonable due diligence, the injury could not have been discovered sooner, the statute of limitations can be extended.
In some cases, the statute of limitations may also be extended if the defendant left the state after committing the malpractice. If you have questions about the statute of limitations and how much time you have to file a claim, it is best to consult with an experienced lawyer who can answer your questions. Contact us today for our professional medical malpractice attorney to help you with your legal matters.
What Damages Are Recoverable in a Colorado Medical Malpractice Claim?
In Colorado, a person who proves a medical malpractice claim may recover two main types of damages: economic damages and non-economic damages. These may include:
Economic Damages
Economic damages are financial losses caused by the malpractice. These are meant to reimburse the patient for actual monetary harm and usually are not subject to a strict cap.
Examples include:
- Past and future medical bills
- Rehabilitation and therapy costs
- Lost wages
- Loss of future earning capacity
- Out-of-pocket expenses (medical equipment, home modifications, transportation, etc.)
Non-Economic Damages
Non-economic damages compensate for human losses that do not have a direct dollar value. Colorado law limits how much can be recovered for these damages in medical malpractice cases.
Examples include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Disfigurement or physical impairment
- Loss of consortium (harm to marital relationship)
How Our Medical Malpractice Lawyer in Denver Can Help You
Our firm handles every step of the process for you, including:
Investigating Your Case
We work with qualified medical experts to review records, identify errors, and determine whether the provider violated the accepted standard of care.
Building a Strong, Evidence-Based Claim
We gather medical records, expert opinions, witness statements, and financial documentation to prove negligence, causation, and the full extent of your damages.
Calculating the Full Value of Your Damages
We pursue compensation for medical costs, future care, lost income, reduced earning capacity, pain and suffering, and long-term disability or impairment.
Negotiating for Maximum Compensation
Many cases can often be resolved through settlement, but only if the other side offers fair value. We prepare every case as if it will go to trial to strengthen your negotiating position.
Taking Your Case to Trial When Necessary
If the defense refuses to make a reasonable offer, we are fully prepared to present your case to a jury and fight for the verdict you deserve.
Providing Guidance and Support Throughout the Process
We know these cases are stressful and emotional. We keep you informed, explain every step, and handle the legal burden so you can focus on your health and family.
What To Do If You Suspect Medical Malpractice
Realizing that your medical outcome may not be what you were promised can be upsetting and confusing. Taking a few practical steps as soon as you suspect malpractice can make a significant difference in how well your potential claim is documented. These actions can also help you protect your health while you decide whether to speak with a medical malpractice lawyer in Denver about your situation.
One of the most important things you can do is obtain copies of your medical records from every provider and facility involved in your care, including emergency departments, primary care offices, and specialists. Keeping a written timeline of your symptoms, appointments, and what you were told at each visit can help clarify the sequence of events and preserve details that are easy to forget over time. It is also wise to avoid posting about the situation on social media, as those statements can sometimes be taken out of context later.
If your condition is ongoing, seek appropriate follow-up care from a qualified provider who is not connected to the original incident so that your current medical needs are fully addressed. In the Denver metro area, that might mean transferring care within a system such as UCHealth, SCL Health, or another local practice group to obtain a second opinion. When you are ready, a focused conversation with an attorney can help you understand whether what happened was an unavoidable complication or a preventable error under Colorado law.
Frequently Asked Questions
How Long Does a Medical Malpractice Case Usually Take in Colorado?
The length of a medical malpractice case varies widely, but these claims often take many months or even several years from investigation through resolution. Time is needed to obtain records, consult with medical professionals, comply with Colorado’s procedural requirements, and prepare for negotiations or trial. The complexity of your injuries and the number of parties involved will also affect the overall timeline.
Do I Have To Go to Court for a Medical Malpractice Claim?
Many medical malpractice claims are resolved through negotiated settlements without a courtroom trial, but some do proceed to a jury. Whether a case goes to court depends on the strength of the evidence, the defenses raised by the provider or hospital, and whether a fair settlement can be reached. Your attorney will discuss the options with you and help you weigh the risks and benefits of continuing toward trial.
Can I Bring a Claim on Behalf of a Family Member?
In some situations, Colorado law allows close family members or legal representatives to bring a medical malpractice claim. Examples include claims filed on behalf of a child, an adult who is incapacitated, or a loved one who died as a result of alleged malpractice. The rules about who may file and what types of damages are available depend on the specific circumstances, so it is important to get individual advice about your family’s situation.
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