Nursing Malpractice in Colorado: Understanding Your Rights
When most people think of medical malpractice, they picture a doctor making a surgical mistake or misdiagnosing a serious illness. But a large number of malpractice claims involve another key group of healthcare providers: nurses. In Colorado, nursing malpractice is a serious concern that can have life-altering consequences for patients and their families.
At Leventhal Puga Braley P.C., we understand the importance of holding all medical professionals—including nurses—to high standards. Our Denver-based law firm has decades of experience in complex malpractice litigation, and we have earned national recognition for advocating on behalf of patients harmed by medical negligence.
What Is Nursing Malpractice?
Nursing malpractice occurs when a nurse fails to perform their duties according to the accepted standard of care, and that failure results in patient harm. These errors may arise in hospitals, nursing homes, clinics, or even during home health care visits.
While not every mistake qualifies as malpractice, serious nursing negligence that leads to injury or death may warrant legal action.
To prove nursing malpractice in Colorado, a plaintiff must demonstrate:
- A nurse-patient relationship existed
- The nurse breached the standard of care
- The breach is a cause of harm
- The harm resulted in damages (medical bills, pain, disability, etc.)
Examples of Nursing Errors
Nursing errors can occur at any stage of patient care. Some of the most common and dangerous types include:
- Medication Errors: Administering the wrong drug or dosage or failing to give a prescribed medication
- Charting Mistakes: Inaccurate or missing documentation that affects diagnosis or treatment
- Failure to Monitor: Not observing changes in vital signs or patient condition
- Inadequate Patient Supervision: Allowing patients to fall or suffer other injuries
- Infections Due to Poor Sanitation: Failure to follow hygiene protocols
- Delays in Notifying Physicians: Waiting too long to alert a doctor to a critical condition
Each of these scenarios can result in serious complications, prolonged recovery, or even death. If you suspect your injury or a loved one’s outcome was caused by patient care errors, you may be entitled to file a malpractice claim.
Nursing Malpractice in Colorado
Colorado law defines medical malpractice as a breach of the standard of care that results in injury or death. Nurses are held to the same legal standard as doctors: they must act in a way that a reasonably prudent professional would under similar circumstances. When they fall short, patients suffer.
Important points to know under Colorado law include:
- Statute of Limitations: You generally have two years from the date of injury (or discovery of the injury) to file a malpractice claim.
- Certificate of Review: Within 60 days of filing a lawsuit, you must provide a certificate from a qualified expert stating that the case has merit.
- Damage Caps: Non-economic damages (e.g., pain and suffering) are capped under Colorado medical malpractice law.
Because of these legal hurdles, it’s critical to work with an experienced Denver malpractice lawyer who can guide you through the process.
Hospital and Healthcare Facility Negligence
Nurses rarely operate independently. In most cases, hospitals, clinics, or nursing homes employ them. These facilities may be held vicariously liable for the actions of their staff or liable for their own negligence in hiring, training, or supervising nurses.
Hospitals can also be accountable for the following:
- Inadequate staffing levels
- Failure to enforce patient safety protocols
- Undertraining of nursing staff
- Poor supervision or communication systems
In cases involving systemic healthcare standards violations, our firm investigates not just individual nurses but the environment in which they worked.
How Nursing Malpractice Harms Patients
The effects of nurse negligence range from temporary setbacks to lifelong disability or death. Some of the most serious outcomes we’ve seen at Leventhal Puga Braley P.C. include:
- Brain damage from oxygen deprivation due to missed alarms
- Sepsis or infections from unsanitary IV or catheter care
- Medication overdoses leading to organ failure
- Delayed diagnosis from poor charting or monitoring
- Falls causing spinal cord injuries or broken bones
In each case, what should have been a routine hospital stay or treatment resulted in tragedy. Patients and families deserve answers and justice.
Investigating a Nursing Malpractice Claim
Nursing malpractice cases require intensive investigation and expert testimony. Our Denver medical malpractice attorneys begin by gathering:
- Complete medical records
- Incident reports and staff notes
- Video footage (if available)
- Witness statements from other staff or patients
- Employment and disciplinary records for the nurse
- Input from independent medical experts
Once we understand the scope of the failure and the resulting harm, we build a strong case designed to hold every liable party accountable.
What Compensation Can You Recover?
A successful nursing malpractice claim can help patients and families recover compensation for:
- Past and future medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation and therapy costs
- Wrongful death damages (if applicable)
Colorado caps non-economic damages, but economic damages like lost wages and medical bills are not limited if a judge agrees not to impose a cap on them. Our legal team ensures your claim includes every category of loss supported by evidence.
Why Choose Leventhal Puga Braley P.C.?
We are one of Colorado’s top medical malpractice firms, with a national reputation for handling complex and catastrophic injury cases. Our attorneys are:
- Highly experienced in cases involving nursing malpractice in Colorado
- Respected by peers and regularly recognized by organizations like Super Lawyers and Best Lawyers in America
- Aggressive trial attorneys who prepare every case for courtroom success
- Compassionate advocates who prioritize our clients’ long-term well-being
Our firm has recovered some of the largest malpractice verdicts in Colorado history. When hospitals, clinics, or caregivers fail their duty, we fight to make sure victims are not left to carry the burden alone.
Speak With Our Trusted Nursing Malpractice Lawyers in Denver
If you believe you or a loved one suffered harm due to nursing negligence, don’t wait to seek the advice of a Colorado nursing malpractice lawyer. Contact Leventhal Puga Braley P.C. today at (303) 759-9945 (or (877) 433-3906 for clients outside Colorado) for a free consultation. Our nursing malpractice attorneys are ready to listen, investigate, and hold negligent healthcare providers accountable.