Your Denver Medical Malpractice Case: The Basics

If you've been injured or harmed because of a doctor, nurse, or other health care provider in Denver, you might be considering a medical malpractice suit. Here at FindLaw we've put together some basic information specific to Denver to help give you an idea of what is involved, some general legal principles, and more.

What is medical malpractice?

"Medical malpractice" is a term used in the legal world indicating that your doctor screwed up -- usually, big time. Patients typically bring these types of lawsuits when they've been harmed or injured due to poor medical treatment or a mistaken diagnosis from a health care provider such as a doctor, nurse, technician, hospital, or medical worker.

A medical malpractice claim may be filed in Denver when a health care provider is medically negligent. What does that mean? It means a health care provider acted below the industry standard of care when treating a patient and injuries resulted from this. The injured patient may recover for the damages incurred by a medically negligent healthcare provider in a medical malpractice action.

What are some examples of medical malpractice?

These are just a few examples:

1. Unreasonable delay in treatment;
2. Improper treatment;
3. Failure to diagnose a disease;
4. A surgical or anesthesia-related mistake during an operation;
5. Doctor's failure to gain the informed consent of the patient for an operation or surgical procedure;
6. Misuse of prescription drugs or a medical device or implant;
7. Wrongful amputation;
8. Delivery mishaps and birth injuries; and
9. Errors in filling a prescription.

These are just some types of medical malpractice and should not be seen as a comprehensive list. If you have specific concerns about your treatment, it may be a good idea to talk to a local medical malpractice attorney about the specifics of your case.

Who can be sued in a Denver medical malpractice case?

You can bring a lawsuit suit against any negligent health care provider in Denver. Who is a "health care provider?" It's anyone licensed to perform medical services on patients, including physicians, nurses, nurse practitioners, dentists, and chiropractors.

Is there a time limit to file my lawsuit?

In Colorado, you must file a claim for medical malpractice within two years of the date of the injury. If you didn't discover the injury right away, however, you may be allowed to bring a claim within two years of the date you discovered (or should have discovered) the injury, but in no case may the claim be filed more than three years after the negligent act occurred. The time limit is longer for children and persons deemed mentally incompetent.

Does it matter if the hospital is state or locally operated?

Yes, it's very important. Why? Because some Denver hospitals are considered "government entities" and special rules apply to suing the government. Doctors and other staff members at those hospitals may also be considered government employees.

Under Colorado law (PDF), you must notify a governmental entity within 180 days of when potential medical malpractice occurred in order to preserve your right to bring a claim. If you don't do this, it could very well result in losing your claim automatically. You won't pass go, you won't collect $200, and you likely won't be able to bring your lawsuit, ever.

Note, if you do follow the notice requirements, you may be limited to recovering a maximum of $150,000.00.

Is there an agency to which I can report the incident?

Yes, there is. You may wish to contact the Colorado Medical Board -- the agency that governs medical licenses for physicians and physician's assistants. While the licensing board typically can't order the doctor to compensate you, they can issue warnings or discipline to the practitioner and may be able to provide you with guidance about your next steps. If you want to find out the status of a particular physician's license, or to report a medical malpractice incident to the Colorado Medical Board, visit their website at the link above.

Limits on Malpractice Recovery

In Colorado, there is a damages cap on the amount you can recover in a medical malpractice lawsuit. Noneconomic damages are limited to $300,000. The total award of damages may not exceed $1 million.

A Final Word About Medical Malpractice in Denver

Because the requirements in Colorado and throughout the country are so complex, it may be a good idea to speak with a qualified medical malpractice lawyer in Denver or a legal aid provider in order to protect your ability to file a claim and obtain compensation for your injuries