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COLORADO MEDICAL MALPRACTICE

When a medical provider's negligent actions result in injuries to a patient, the patient may file a claim to recover their injuries from the medical provider in Colorado. This injury is often known as Medical Malpractice (med mal, medical negligence) or Medical Negligence. In Colorado, medical negligence is when a provider's treatment of a patient falls below the medical standard of care followed by medical professionals of similar education and experience. Med mal claims in Colorado may result from:

  1. Improper diagnosis/failure to diagnose (i.e.-failure to diagnose cancer or heart attack)
  2. Unreasonable delay in treatment
  3. Improper treatment
  4. Birth injuries
  5. Errors in filling a prescription

Get in touch with a Colorado med mal lawyer if you have been injured by a Colorado healthcare provider.

Who Can Commit Malpractice In Colorado?

Any licensed healthcare provider can commit medical malpractice in Colorado. Healthcare providers include (not exclusively), physicians, hospitals, nurses, dentists, psychiatrists, and assisted living programs, among others. If you are not sure who is a healthcare provider, or have other questions, make sure to speak to a Colorado medical malpractice lawyer.

Colorado Medical Malpractice Statutes of Limitation

If you intend to file a claim against a medical provider for injury caused by that provider, you must do so within two years of the date you were injured or should have discovered the injury. But, in no event may a claim be filed more than three years after the act that caused the injury. In addition, specific rules apply to minors: a child under age six, who is injured by malpractice, must file a claim by his eighth birthday.

Discuss your specific time limits to file a claim with a Colorado med mal attorney, especially if you are unsure how much time you have, as failure to file on time will bar you from recovering for your claim.

Damages Limitations On Colorado Medical Malpractice Claims

Colorado limits non-economic damages (i.e., for pain and suffering) in medical malpractice cases to $300,000. The total damage award (non-economic and punitive damages combined) may not exceed $1,000,000.

Punitive damages are separate from non-economic damages in Colorado and are designed to punish the party that caused your injury by its behavior. Punitive damages cannot be more than the actual damages awarded, unless the defendant has continued the harmful pattern of behavior in a willful manner. Because the amount of damages you can receive for your injury varies, it is crucial that you talk to a Colorado medical malpractice attorney about your potential recovery of damages.

How To File A Colorado Medical Malpractice Claim

If you have been injured by a medical care provider in Colorado, it is crucial that you talk to a Colorado medical malpractice lawyer. Med mal cases are very involved, and usually require the help of expert witnesses, the taking of depositions, and dealing with huge insurance companies and their numerous experienced attorneys who protect the medical provider. Often, several claims must be filed against a variety of defendants, such as the manufacturer who made defective medical equipment, nurses, doctors, and hospitals. As a result, the complexity of medical malpractice cases and the stress they bring is best handled by a Colorado medical malpractice lawyer. Such an attorney can file your claim for you to avoid needless costly mistakes and save you a great deal of time.

Colorado Revised Statutes Annotated

Colorado Medical Malpractice

  1. Who Can Commit Medical Malpractice In Colorado?
    1. Courts and Court Proceedings, Tit. 13, Art. 80 § 102.5.
  2. Colorado Medical Malpractice Statutes of Limitations
    1. Courts and Court Proceedings, Tit. 13, Art.80 § 102.5.
  3. Medical Malpractice Damage Limitations in Colorado
    1. Courts and Court Proceedings, Tit. 13, Art.64 § 302, Tit. 13, Art.21 § 102.
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