Medical Malpractice Claims in Denver, 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 breadth 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 healthcare 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 healthcare experts. 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 towards 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’re 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 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 twomain 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 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.
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