Medical Malpractice

Public relations campaigns by insurance companies incorrectly imply that doctors are frequently sued unjustly and that the high cost of medicine is due to improper lawsuits. In truth, malpractice cases are infrequently brought and not easily won. In Colorado, medical malpractice cases are most often brought:

• Against hospitals for improper administration of medication, nursing care, sanitation, infection, or equipment failure;
  
  
• Against physicians who, in the general practice of medicine, deviate from the generally accepted standards of practice in the community;
  
  
• Against specialized physicians who deviate from a nationally accepted standard of practice for specialists in the field; and
  
  
• Against local, state or federal agencies that operate hospitals or provide specific medical care (such as a military hospital or a city emergency room.)

Physicians and hospitals receive substantial protection from legislation that, in Colorado, caps damage awards and sharply limits cases against physicians. In order to file a medical malpractice claim, the case must be reviewed by an expert witness, usually a physician is required, who certifies that there is a basis for alleging malpractice. To prove malpractice, it is necessary to present the testimony of a physician that the treating doctor made an error. Finding another doctor to testify against a fellow physician is typically costly and difficult.

Except when extraordinary circumstances are involved, a Colorado medical malpractice suit must be filed within two years of the negligent treatment. If the facility is government owned or operated, e.g., a county hospital, a much shorter statutory notice period may require far earlier action. These claims are always time-sensitive. If you believe that a mistake was made in your medical treatment, and you wish to discuss your matter with an experienced attorney, please call us right away at 1-866-701-7292.