Being ill or injured is one of the most stressful things that can happen to a person, and when the doctor that you turn to for help causes you even more pain and suffering, you need to consult an experienced medical malpractice attorney. Medical Malpractice happens when a physician has the legal duty to care for a person, violates the accepted standard of care, or otherwise breaches the duty of care, and causes injury by the violation or breach. A physician is expected to adhere to the accepted standard of care in every case, and that means taking actions that are recognized by the medical profession as proper actions that a responsible physician under similar circumstances would perform as acceptable medical treatment. If you believe that your doctor has violated the standard of care for you or a loved one, call our office today to consult with a skilled medical malpractice attorney.

What are Some Common Instances of Medical Malpractice? 

Medical malpractice can take many different forms, but here are some common examples:

  • Misdiagnosing or failing to diagnose
  • Misinterpreting or disregarding lab results
  • Performing unnecessary surgery
  • Making surgical mistakes or performing surgery on an incorrect site
  • Prescribing or administering inappropriate medication or dosage
  • Providing insufficient or no follow-up or aftercare
  • Discharging a patient to soon
  • Ignoring or not collecting relevant patient history
  • Failing to order necessary testing
  • Failing to investigate or correctly interpret symptoms

Is There a Time Limit on Claiming Medical Malpractice in Colorado? 

There is a time limit, known as a statute of limitations, on the filing of medical malpractice lawsuits in Colorado. If you believe you are a victim of medical malpractice, you have two years from the time the injury was inflicted, you discovered the harm, or you could reasonably have been expected to have discovered harm caused by a medical error. If the defendant (doctor) concealed the malpractice, a foreign object was left in your body after surgery, or you could not have been reasonably expected to discover the malpractice or harm, the time limit can be extended to three years. If a medical malpractice lawsuit in Colorado is brought on behalf of a minor who was under age six at the time of the malpractice, any medical malpractice lawsuit must be filed before the child’s eighth birthday.

Is There a Cap on Malpractice Damages in Colorado? 

Like many states, Colorado limits the amount of damages a physician can be held liable for in cases of medical malpractice, but Colorado is unusual in the fact that it has two caps. The first is the “umbrella cap,” which limits the total amount of compensation a plaintiff can receive for medical malpractice to $1 million, including both economic and non-economic damages. The second cap in Colorado is a $300,000 cap on non-economic damages, which include damages for which there is no receipt, such as pain and suffering or mental distress.

If you have been the victim of medical malpractice, call our office today to speak to one of our knowledgeable and experienced medical malpractice attorneys.