Medical errors can devastate lives, but not every mistake is malpractice. Colorado law protects patients when substandard care causes serious harm. Determining when an error constitutes malpractice requires understanding state law and consulting with an experienced medical malpractice lawyer in Colorado.
What Is Considered Medical Malpractice Under Colorado Law?
Medical malpractice is a form of professional negligence by a healthcare provider that falls below the accepted standard of care, resulting in an injury. This is defined under the Colorado Health Care Availability Act, C.R.S. § 13-64-101.
A bad outcome alone is not malpractice. The law requires showing that the provider acted—or failed to act—in a way a reasonably competent provider would not have. A lawsuit must prove the provider owed a duty, breached that duty, and directly caused harm.
What Types of Medical Errors May Lead to a Lawsuit?
Common grounds for malpractice include:
- Misdiagnosis or delayed diagnosis: Allowing illness to worsen when a competent doctor would have caught it earlier could open the door to filing a misdiagnosis lawsuit in Colorado.
- Surgical mistakes: Operating on the wrong site, leaving instruments inside a patient, or creating avoidable complications.
- Medication errors: Wrong drug or dosage, or failing to account for interactions.
- Hospital negligence: Understaffing, unsanitary conditions, or administrative failures.
These issues are among the clearest signs of medical malpractice, but they require expert review to prove.
What Legal Standards Must Be Met in Colorado?
Colorado imposes strict rules on malpractice claims. Plaintiffs must show duty, breach, causation, and damages. They must also comply with procedural safeguards.
One requirement is the certificate of review, as outlined in C.R.S. § 13-20-602. Within 60 days of filing, the attorney must certify that a qualified expert has reviewed the case and found it has merit. Without this, the case may be dismissed.
The standard of proof is a “preponderance of the evidence.” Due to these rules, many people rely on a medical malpractice attorney in Denver, CO, to manage their claims.
Are There Limits on Damages in Colorado Malpractice Cases?
Colorado caps recovery in malpractice cases. Under C.R.S. § 13-64-302, non-economic damages such as pain and suffering are capped at $300,000, with total damages limited to $1 million. Courts may exceed this if necessary to cover actual losses.
Economic damages, including medical expenses and lost income, may reach the statutory maximum but are not capped in the same way. A lawyer recognized as one of the best medical malpractice attorneys in Denver can evaluate potential recovery under these limits.
What Is the Statute of Limitations for Filing a Claim?
Under C.R.S. § 13-80-102.5, patients generally have two years from the date of discovery and no more than three years from the date of injury to file. This “discovery rule” applies when patients do not immediately know they have been harmed.
Exceptions exist for minors under six, who may file until the age of eight, and when fraud by a provider conceals malpractice. Missing the deadline almost always prevents recovery, so acting quickly is vital if you plan to sue a doctor in Colorado.
What Steps Should You Take if You Suspect Malpractice?
If you suspect malpractice, secure medical records immediately. Document interactions with providers and track expenses. These details will help to strengthen your case.
Next, consult a Colorado medical malpractice lawyer. Filing without counsel is difficult, given the expert testimony and procedural requirements involved. An attorney can help confirm whether negligence occurred and protect your claim before deadlines expire.
How Can a Colorado Medical Malpractice Lawyer Help?
Malpractice lawsuits are complex and require expertise in both medicine and law. Lawyers secure expert testimony, comply with filing rules, and build persuasive cases.
An attorney also negotiates with insurers and litigates when necessary. For patients facing serious harm, the guidance of the best medical malpractice attorney in Denver can determine whether compensation is possible.
Protecting Your Rights After a Medical Mistake
Not every error is malpractice, but negligence that causes harm may justify legal action. Colorado law places limits on damages and enforces strict deadlines, making professional guidance essential.
If you believe you or a loved one suffered from negligent care, contact a qualified medical malpractice lawyer in Colorado. The attorneys at Suro Law can review your case, explain your options, and help you pursue justice.
