Can You Sue for Malpractice in Colorado?

Medical Malpractice

August 26, 2024 | 6 min read

Patients can file a medical malpractice lawsuit if they suspect that they were injured due to the negligence of a healthcare provider. Taking legal action against a doctor or hospital can be challenging, but experienced medical malpractice lawyers can provide you with qualified guidance and support.

Burg Simpson has extensive experience representing clients injured by negligent medical providers. We can evaluate your case for FREE, help you sue for malpractice, and pursue maximum compensation for your losses.

Get help with a medical malpractice lawsuit by calling 303-792-5595 today. Our medical malpractice lawyers serve clients throughout Colorado from our office in the Denver area.

Who Can Be Sued for Medical Malpractice?

In Colorado, any licensed healthcare professional may be held liable for negligence resulting in injury or the death of a patient. Doctors and surgeons are not the only providers who may be sued for malpractice:

Physician assistants
Nurses
Physical therapists
Optometrists
Pharmacists
Dentists
Therapists and mental health counselors
Podiatrists
Audiologists
Chiropractors
Acupuncturists
Naturopathic doctors

Patients may also bring malpractice claims against hospitals, medical clinics, and other facilities for injuries caused by nurses and other clinical staff. In most cases, however, a hospital cannot be held vicariously liable for the negligence of a physician (see Colorado Revised Statutes § 12-240-138). In these cases, patients are limited to suing the doctor and not the facility.

What Do I Need to Prove in a Malpractice Case?

The plaintiff in a medical malpractice lawsuit must prove the following elements to recover compensation:

The provider owed the patient a duty of care.
The duty of care was violated as a result of the provider’s negligence. Common examples of medical negligence include:
The patient suffered injury as a result of the negligence.
The patient’s injuries resulted in compensable damages.

It can be difficult to prove each of these elements on your own. A knowledgeable medical malpractice attorney will know what evidence to collect and how to prepare a strong case. Your lawyer can also file a lawsuit on your behalf, ensuring that all necessary documents are included.

Certificate of Review Required

After the filing of a lawsuit for malpractice, Colorado law requires that a certificate of review be filed for each action within 60 days. The certificate of review declares that the attorney for the plaintiff has consulted an expert in the field of medicine in which malpractice is alleged, and this expert believes that there is “substantial justification” for the case.

Failure to file a certificate of review may result in the dismissal of your claim. Qualified medical malpractice lawyers will determine what expert(s) to consult and meet the requirements for the lawsuit to proceed.

How Long Do I Have to File a Medical Malpractice Lawsuit?

The statute of limitations for medical malpractice claims in Colorado is generally 2 years from the date the patient was injured. However, injuries due to medical negligence are not always discovered immediately. In these cases, patients may have up to 3 years to bring a claim against a doctor or other negligent medical professional.

Plaintiffs may bring a claim after the 3-year time limit if the following exceptions apply:

The defendant knowingly concealed their negligence from the patient.
- A claim may be brought within 2 years of the plaintiff discovering (“or in the exercise of reasonable diligence and concern should have discovered”) the fraud.
Injury is caused by an “unauthorized foreign object” left inside the patient.
- A claim for medical malpractice may be made up to 2 years after the foreign object is discovered (or should have been discovered “in the exercise of reasonable diligence and concern”).
“If both the physical injury and its cause are not known or could not have been known by the exercise of reasonable diligence.”
– Colorado Revised Statutes § 13-80-102.5

The statute of limitations is also different for claims involving children. If a minor child is under the age of 6 when they are injured as a result of medical negligence, a lawsuit can be filed at any time prior to the child’s 8th birthday.

Finally, Colorado’s statute of limitations for wrongful death claims is 2 years from the date the victim dies. Death may not be instantaneous following medical malpractice. If you believe your loved one may have died as a result of a doctor or other provider’s negligence, it is crucial to speak to an experienced attorney as soon as possible.

How Much Can I Sue for Medical Malpractice?

Damages may be extensive in a medical malpractice lawsuit. It is important to account for all of the losses you have sustained to date, as well as any damages you are expected to incur in the future.

Victims of medical malpractice may be entitled to compensation for the following:

Medical bills subsequent to the injury, including diagnosis, treatment, rehabilitation, and therapy
Future medical expenses
Lost wages
The loss of earning capacity
Medical equipment, home and vehicle modifications, and other out-of-pocket expenses
Loss of household services
Pain and suffering
Emotional distress
Loss of consortium
Physical impairment
Scarring and disfigurement
Loss of the enjoyment of life

If the lawsuit proceeds to trial, you may be awarded punitive damages. This is an additional type of compensation that penalizes defendants (including medical providers) who cause injury through their “fraud, malice, or willful and wanton conduct.”

What Is the Medical Malpractice Limit in Colorado?

Currently, the total damages in a medical malpractice claim may not exceed $1 million. The court may award economic damages in excess of the limit if good cause is shown that (a) the plaintiff’s economic losses exceed the cap, and (b) placing such a limitation would be unfair.

The current limit on non-economic damages for medical malpractice is $300,000. Beginning in 2025, the cap will be adjusted gradually to $875,000 over the next 5 years. Damages for wrongful death due to medical malpractice will also be adjusted to a maximum of $1.575 million starting in 2025.

Finally, punitive damages are capped at an amount equal to the plaintiff’s actual damages. The court may increase the award to a maximum of three times the actual damages if it finds that the defendant has continued engaging in willful or wanton behavior against the plaintiff or another person while the lawsuit was pending.

How Do I Sue for Medical Malpractice in Colorado?

Rather than going to court immediately, medical malpractice lawyers may attempt to settle a case. This involves sending a demand letter to the provider’s malpractice insurance company. A demand letter summarizes your injuries, the reasons you are making the claim, and the damages you are seeking.

This may initiate settlement negotiations, but doctors, hospitals, and other defendants (as well as their insurers) are often aggressive in their efforts to fight negligence claims. As such, it is often necessary to file a medical malpractice lawsuit.

Lawsuits for medical malpractice typically involve the following steps:

Filing a complaint with the appropriate court. Your attorney can identify which court has jurisdiction, obtain all necessary information, and complete the paperwork.
Submitting the certificate of review. Multiple experts will need to be consulted—and multiple certificates filed—if more than one defendant is included in your claim.
Preparing for trial. Trial preparation is a lengthy process involving multiple steps. During the discovery phase, both sides request and exchange information, take depositions, and submit written interrogatories. Your lawyer will also consult expert witnesses to obtain testimony in support of your case.
Negotiating a settlement. Settlement negotiations may resume or start over after the lawsuit is filed. The parties may agree to settle the case before the trial begins or even after it starts.
Going to trial. At trial, medical malpractice lawyers will present your case and try to persuade the court to award you compensation. This includes delivering opening statements, calling witnesses, introducing exhibits, and making closing arguments, as well as refuting the evidence introduced by the defense.

Medical professionals and institutions are protected by lawyers and insurance companies. This, combined with the complexity of litigation, makes representation by qualified legal counsel essential for obtaining a favorable outcome at trial.

Why Choose Burg Simpson?

Harmed by a Healthcare Professional? Our Medical Malpractice Lawyers Can Help

If you need assistance navigating a medical malpractice lawsuit, you are not alone. Burg Simpson is recognized by Best Law Firms as one of Colorado’s leading advocates for plaintiffs injured by medical negligence. We have the experience, resources, and knowledge to represent you effectively in settlement negotiations and, if necessary, in court.

Medical malpractice lawyers at Burg Simpson serve clients in Denver, the metro area, and all of Colorado. Contact us today for a FREE and confidential case evaluation.