How to Prove Medical Negligence in Colorado Courts
Patients trust their doctors and healthcare providers with their lives. When that trust is broken by negligent care that causes harm, Colorado law provides a path for victims to pursue accountability through the courts.
However, proving medical negligence, or a breach of standard of care, in Colorado requires meeting strict legal criteria and presenting strong, credible malpractice evidence.
The legal team at Leventhal Puga Braley P.C. is made up of nationally recognized trial attorneys who have helped victims of serious medical harm secure life-changing results. We can help you.
What Is Medical Negligence?
Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury to a patient. The standard of care refers to what a reasonably careful medical professional would do in the same or similar circumstances.
Negligence, or breach of standard of care, can occur at any stage of care, including:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Anesthesia mistakes
- Medication errors
- Inadequate follow-up care
To file a successful claim, a patient must demonstrate that the provider’s actions or omissions deviated from professional norms and caused harm.
Legal Standards for Medical Malpractice in Colorado
In Colorado, proving a medical negligence case involves four critical elements. This four-part framework forms the legal bedrock of all healthcare liability cases in Colorado courts.
Duty of Care
The provider must have owed the patient a duty of care. This is typically established through a doctor-patient relationship.
Breach of Duty
The provider must have breached the standard of care. This often requires medical expert testimony comparing the provider’s actions to accepted practices.
Causation
The breach must have caused the injury. You must prove that the breach is a cause of harm.
Damages
The patient must have suffered damages, such as physical injury, additional medical costs, lost income, or pain and suffering.
The Role of Malpractice Evidence
Strong malpractice evidence is essential for supporting each element of a claim. Key evidence may include:
- Medical records
- Hospital and pharmacy logs
- Diagnostic images and test results
- Witness statements (including other medical professionals)
- Expert medical testimony
Our firm works with nationally recognized experts in the medical field to evaluate cases and offer testimony in court. Their input is often decisive in establishing that a provider violated the standard of care.
Colorado’s Certificate of Review Requirement
Colorado requires plaintiffs to file a Certificate of Review within 60 days of filing a malpractice complaint. This document must state that:
- A qualified medical expert has reviewed the claim
- The expert believes the case has merit
Failure to file this certificate on time can lead to dismissal, making it crucial to involve a skilled attorney early in the process.
Denver Court Procedures: How Medical Negligence Cases Proceed
In Denver court procedures and those throughout Colorado, medical malpractice cases follow these stages:
Case Evaluation
Your attorney will gather records, consult experts, and assess whether your case meets the legal standards.
Pre-Suit Negotiations
Some cases may resolve through early negotiation or mediation. However, this is only viable when the evidence is strong and the healthcare provider is willing to engage in good faith.
Filing a Complaint
If no settlement is reached, your attorney will file a formal complaint in the appropriate court.
Discovery
Each side exchanges documents, deposes witnesses, and prepares for trial. This is a critical phase for collecting further malpractice evidence.
Expert Disclosures
Both sides must identify the medical experts they plan to use and outline their expected testimony.
Trial
If the case proceeds to trial, the evidence is presented to a judge or jury, who decides whether a breach of the standard of care occurred and, if so, what compensation is appropriate.
Our attorneys at Leventhal Puga Braley P.C. are seasoned trial lawyers who prepare every case as though it will be heard in court. We don’t shy away from taking on hospitals, insurance companies, or powerful medical systems.
What Types of Compensation Are Available?
Patients who prevail in malpractice claims may be eligible for compensation in two categories:
- Economic damages: Medical bills, lost wages, ongoing treatment costs, in-home care, etc.
- Noneconomic damages: Pain and suffering, emotional trauma, and loss of enjoyment of life
When Does the Statute of Limitations Begin?
In Colorado, victims generally have two years from the date of injury—or from when the injury was discovered or reasonably should have been discovered—to file a medical malpractice claim.
If you believe you have a case, it’s crucial to act quickly and consult an attorney before these deadlines expire.
Proving Negligence in Complex Cases
Many cases require intensive work to connect the dots between care decisions and long-term injury.
Commonly complex cases include:
- Birth injuries
- Surgical errors involving multiple providers
- Delayed cancer diagnoses
- Infections resulting from improper sanitation
- Medication errors linked to pharmacy oversight
At Leventhal Puga Braley P.C., we have the resources, experience, skills, and relationships to investigate these claims thoroughly and present them effectively in court.
How We Help Patients Navigate Healthcare Liability
When you choose our firm, you’re hiring one of the most respected Denver medical malpractice firms in the nation. We offer:
- Unmatched trial preparation: We work every case as if it will be presented to a jury
- Leading medical experts: Our network includes professionals in every specialty
- Clear, compassionate guidance: We explain each step and what to expect
- Relentless advocacy: We do not stop until you receive justice and fair compensation
What You Should Do If You Suspect Medical Negligence
If you believe you or a loved one was harmed by substandard medical care, take the following steps:
- Request your full medical records.
- Keep a detailed journal of symptoms, treatments, and communications.
- Seek a second opinion to assess ongoing treatment or undiagnosed issues.
- Consult a qualified medical malpractice attorney.
Avoid speaking with the provider’s insurance company before consulting your own legal counsel.
Speak With Our Trusted Medical Negligence Lawyers in Denver
Proving a breach of standard of care in a medical malpractice case is a difficult process, but with the right legal team, injured patients and their families may be able to pursue justice.
Call (303) 759-9945 or toll-free at (877) 433-3906 to schedule a no-cost, complimentary consultation. The medical negligence attorneys at Leventhal Puga Braley P.C. are ready to review your case, explain your legal options, and fight for the compensation you deserve.