Colorado Springs Medical Malpractice Attorney

Some of the most common types of medical malpractice include:

• Birth Injuries - Injuries to infants and mothers during the process of labor and delivery are classified as birth injuries. These injuries can result from traumatic as well as low-risk births and are typically caused by either traumatic events or hypoxia (lack of adequate oxygen to the brain).
• Emergency Room Errors - Immediate and accurate medical attention is vital in emergency rooms. Sadly, many patients suffer further injury/illness because of long wait times, bacteria, nurse/doctor miscommunication and more.
• Diagnostic Errors - Misdiagnosis and failure to diagnose account for the majority of medical malpractice lawsuits in the United States. Without an accurate diagnosis, a patient cannot receive vital treatments and medication.
• Medication Errors - The incorrect type or dosage of a prescription medication can lead to serious and even fatal medical events. Thorough patient counseling is necessary to learn of any patient medication allergies as well as to ascertain an appropriate dosage.
• Never Events - The National Quality Forum now recognizes 29 events on the list of "never events." These are medical errors and negligence that are inexcusable and should never occur. An example of a never event is performing surgery on the wrong patient.
• Surgical Errors - Leaving a medical instrument inside a patient and operating on the wrong body part may seem extremely rare, but there are a growing number of patients who are injured and even killed by these surgical errors annually.

In order to prove a successful medical malpractice lawsuit, the plaintiff and their attorney must establish that:

• There was an established patient-doctor relationship and a duty of care;
• There was a failure to provide an acceptable standard of care;
• Injury to the patient resulted from this breach of care; and
• The patient sustained actual physical, emotional and/or financial damages as a result.

Proving Medical Malpractice

To successfully pursue a medical malpractice claim in Colorado, four key elements must be established:

• Duty of Care – The healthcare provider owed a professional duty to the patient.
• Breach of Duty – The provider failed to meet the expected standard of care.
• Causation – The breach directly caused harm or injury to the patient.
• Damages – The patient suffered measurable losses, such as medical expenses, lost income, pain, and suffering.

Compensation for Medical Malpractice Victims

Victims of medical malpractice may be entitled to compensation for:

• Medical expenses (current and future treatment)
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Loss of quality of life
• Punitive damages (in cases of extreme negligence or misconduct)

Colorado Medical Malpractice Laws & Statutes

Statute of Limitations

In Colorado, medical malpractice claims must generally be filed within two years from the date of the injury or when it was discovered. There are exceptions, such as cases involving minors or fraud, that may extend this deadline.

Damage Caps

Colorado law places a cap on non-economic damages (such as pain and suffering) in medical malpractice cases. The current cap is $300,000, while total damages, including economic losses, are generally capped at $1 million unless exceptions apply.

Expert Witness Requirement

Medical malpractice claims require expert testimony to establish negligence. A qualified medical expert must validate that the healthcare provider deviated from the standard of care.