How to File a Medical Malpractice Claim in Colorado
When patients seek medical treatment, they trust their doctors, nurses, and hospitals to provide safe and reliable care. After all, we’re talking about highly trained professionals working in a modern facility with advanced medical equipment. There’s simply no excuse for careless errors that cause devastating injuries.
In Colorado, victims of medical negligence have the right to hold healthcare providers accountable. To succeed, you must follow certain steps and meet the legal requirements. The experienced Denver medical malpractice lawyers at Leventhal Puga Braley P.C. have put together this guide on how to file a claim.
Were You a Victim of Medical Malpractice
To bring a successful medical malpractice claim, you must prove that:
- A duty of care existed: The provider-patient relationship establishes a legal duty to provide treatment that meets the standard of care.
- The duty was breached: The provider failed to act as a reasonably competent professional would have under similar circumstances.
- The breach caused harm: Negligence must be a direct cause of your injury.
- Damages resulted: You must have measurable losses, such as medical bills, lost income, disability, or pain and suffering.
Colorado’s Statute of Limitations
In Colorado, most medical malpractice cases must be filed within two years of discovering the injury.
There are some exceptions; for example, the timeline may be extended if the injury was concealed or involved a foreign object left in the body. But missing this deadline usually means losing the right to file. Calculating these dates can be complicated, so you’ll want to consult a malpractice attorney as soon as possible.
Gathering Evidence and Medical Records
Your attorney will begin by collecting the relevant records, including:
- Hospital and physician treatment notes
- Test results, imaging scans, and surgical records
- Billing statements and insurance documents
- Documentation of follow-up care or rehabilitation
Colorado law gives patients the right to request copies of your medical records, and hospitals must provide them within the legal timeframe. These documents form the foundation of your case and allow medical experts to determine where negligence occurred.
Your Attorney Can File the Necessary Documents
Medical malpractice cases in Colorado involve an additional procedural hurdle, known as a Certificate of Review. Within 60 days of filing the complaint, your attorney must submit a sworn statement confirming that a qualified medical expert has reviewed the case and believes it has merit (C.R.S. § 13-20-602).
The Discovery Phase
Once the lawsuit is filed, the case enters discovery, a process where both sides exchange evidence and take depositions. This allows your attorney to develop a case that clearly demonstrates negligence. Discovery may include:
- Written interrogatories (formal questions to be answered under oath)
- Requests for documents (such as hospital policies, training records, and additional medical files)
- Depositions of doctors, nurses, and expert witnesses
- Independent medical examinations
Settlement Negotiations
During negotiations, your attorney will:
- Present the evidence gathered in discovery
- Demonstrate the strength of your claim, including expert testimony and documented damages
- Negotiate for a fair malpractice settlement value that covers both economic losses (medical bills, lost wages) and non-economic damages (pain, suffering, loss of quality of life)
Trial and Verdict
If a reasonable settlement cannot be reached, the experienced litigators at Leventhal Puga Braley P.C. are always prepared to take the case to trial. Presenting your case to a jury involves:
- Opening statements outlining the malpractice claim
- Testimony from medical experts explaining how the provider failed the standard of care
- Evidence of damages, including lost income, medical expenses, and emotional suffering
- Closing arguments urging the jury to return a verdict in your favor
Patient Rights in Colorado Malpractice Cases
Colorado law recognizes the right of patients to:
- Access their medical records
- Seek compensation when harmed by negligence
- Hold hospitals and providers accountable for substandard care
- File a claim within the statutory deadlines
- Pursue justice through settlement or trial
Why Legal Representation Matters
Filing a malpractice claim is not just about filling out forms; it’s about building a solid case and taking on powerful hospitals, medical practitioners, and their insurance carriers.
At Leventhal Puga Braley P.C., we bring a proven record of success to the table. Our attorneys are recognized among the top medical malpractice lawyers in the country.
We provide:
- In-depth investigation with medical experts
- Careful compliance with all procedural rules, including the Certificate of Review
- Aggressive negotiation to secure maximum settlements
- Skilled trial advocacy if litigation becomes necessary
Key Takeaways
- To file a medical malpractice claim in Colorado, patients must prove negligence, causation, and damages.
- The malpractice lawsuit process includes filing a complaint, submitting a Certificate of Review, engaging in discovery, and potentially going to trial.
- Victims have strong patient rights, including access to records and the right to seek compensation.
- Working with an experienced attorney provides you the best opportunity to maximize recovery.
Speak With an Experienced Denver Malpractice Lawyer Today
If you or a loved one has been harmed by medical negligence, you don’t have to face it alone. Leventhal Puga Braley P.C. has been fighting for patients’ rights in Denver and across the nation for more than 40 years. In fact, partner Jim Puga won one of the largest medical malpractice jury verdicts in Colorado history.
Call us at (303) 759-9945 in Colorado or (877) 433-3906 nationwide to schedule a no charge consultation.
Let us help you understand your options and guide you through every step of the process. We’ll stand by your side until your case is resolved.