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Denver Medical Malpractice Attorneys

Are You in Need of a Denver Medical Malpractice Lawyer?

If you have been hurt by a negligent medical provider, doctor, or hospital, we can help you.

Leventhal Puga Braley P.C. is a successful, nationwide medical malpractice firm based out of Colorado. We are here to provide representation for the people who need it most - patients injured by their own healthcare providers. We do not rest until we have done all that we can to help our clients and see justice served. Call (303) 759-9945 or toll-free (877) 433-3906. There is no charge to speak with a Denver personal injury attorney.

Why Choose Us Over Other Medical Malpractice Attorneys in Denver?

We have an AV Preeminent rating from Martindale-Hubbell
Super Lawyers gives us high marks based on peer reviews and independent research
Jim Puga prevailed in one of the largest medical malpractice jury verdicts in the history of the state of Colorado—$17.8 million on behalf of a child with brain damage.
Founder Jim Leventhal is a member of The Inner Circle of Advocates, which recognizes trial lawyers in the country
We’re licensed in multiple states and can take cases from just about anywhere in the country
Jim Puga Serves on the Leaders Forum of the American Association of Justice (AAJ)

What Counts as Medical Malpractice?

Medical malpractice occurs when negligence directly causes significant injury or worsens a patient’s condition. On the other hand, medical negligence refers to a healthcare provider’s failure to act with reasonable care, resulting in harm to a patient. It’s the foundation of every malpractice case, but negligence doesn’t rise to the level of actionable malpractice unless it leads to injury.

Examples of negligence include a doctor reading your test results incorrectly and failing to diagnose cancer. Another example is one lawsuit we handled, where a nurse injected the wrong dosage of a drug directly into a patient’s system, causing heart stoppage that resulted in brain damage.

Consenting to treatment does not mean you consent to negligence. If a doctor breaches their duty of the standard of care for you and seriously injures you, they cannot hide behind the fact that you gave informed consent. This requires doctors to provide information about a particular treatment or test so you can decide whether or not you wish to undergo it.

As the patient, you have the right to make decisions about your own health and medical conditions. For example, a normal risk of surgery is not the same as a surgeon failing to wield a scalpel carefully, severing a patient’s nerve and leaving them with lifelong paralysis. If another competent surgeon would not have made the same mistake in that situation, it’s negligence and not protected by claiming the error was a risk of procedure.

The bottom line is if another reasonable healthcare provider in the same situation would have handled your case differently—without hurting you—then your provider was likely negligent and may be liable for all associated costs.

You must prove the following to succeed in a malpractice claim:

The existence of a provider-patient relationship
A breach of the standard of care
The breach caused the injury
You suffered measurable damages as a result

Who Can Be Liable in a Denver Medical Malpractice Case?

Medical malpractice occurs when a healthcare provider breaches the accepted standard of care, causing injury or death to a patient. This breach is not simply a poor outcome—it’s a failure to act as a reasonably competent professional would under similar circumstances.

Many people assume that only doctors can be sued in a malpractice case. In reality, liability extends far beyond physicians, depending on the facts.

Potentially Liable Parties in a Medical Malpractice Case

Physicians and surgeons: Doctors are frequently named in malpractice claims, especially in cases involving misdiagnosis, surgical errors, or improper treatment. Whether a general practitioner or a specialist, physicians are required to deliver care consistent with medical standards.
Nurses and nursing staff: Nurses play a critical role in patient care. Errors in medication administration, improper patient monitoring, or neglecting to report critical changes in a patient’s condition can all lead to liability.
Hospitals and medical facilities: Hospitals can be liable for the actions of their employees or systemic failures such as inadequate staffing, poor sanitation practices, or lack of proper training. A facility may also be responsible if it allowed an incompetent or unlicensed provider to treat patients.
Pharmacists and pharmacies: Dispensing the wrong medication or incorrect dosage can have catastrophic consequences. Pharmacists are obligated to ensure prescriptions are accurate and safe.
Laboratories and lab technicians: Incorrect lab results can lead to misdiagnosis or delayed treatment. Labs that mishandle samples or misinterpret data may be held accountable.
Anesthesiologists: Errors in anesthesia—such as incorrect dosage or failure to monitor vital signs—can cause brain damage, cardiac arrest, or death.
Medical device manufacturers: If a defective medical device contributed to your injury, the manufacturer could be liable under product liability law in addition to medical malpractice claims.
Emergency room staff: The chaotic environment of an ER does not excuse negligent care. Mistakes in triage, diagnosis, or treatment in emergency settings can lead to liability.

Each case is unique, and identifying all responsible parties requires a thorough investigation. At Leventhal Puga Braley P.C., we fight to ensure every liable entity is held accountable.

Medical Malpractice Statute of Limitations in Colorado

In Colorado, the statute of limitations for medical malpractice is generally two years. However, it can become a little more complicated depending on the details of your case.

What if the issue is not immediately apparent? For example, say you had surgery, but the surgeon forgot to remove a sponge before stitching you back up and ending the surgery. That is certainly a problem and can lead to serious injury, but it may not be obvious right away. What if you don’t know that sponge is there until two years after the surgery? This is where the discovery rule comes into practice.

Under the discovery rule, the two-year time limit doesn’t start until after you know you have been a victim of medical malpractice. So, in our example above, until you know that the sponge has been left in you by your surgeon, there is no time limit. Once you discover the sponge—perhaps you’ve been in constant pain and get an x-ray to try and find the cause—then you have two years to file a claim of malpractice.

Now that you know your surgeon left a sponge inside of you, and that it has been causing you chronic pain and internal injury, you may decide to file a claim of medical malpractice, as is your right. However, in Colorado, there is a very important step you must follow. Within 60 days of your claim, you must file a certificate of review.

This certificate is meant to prevent unnecessary medical malpractice claims from slowing down the courts. The certificate must be approved by a physician who is an expert in the same field as the negligent physician, and it must show that the claim does not lack merit and you are justified in seeking compensation. Many states have adopted this type of tort reform.

If you or a loved one have been involved in an instance of medical malpractice, it is in your best interest to contact an experienced attorney as soon as possible. Two years may seem like a long time, but you don’t want to risk your time running out.

How Do I Prove Medical Malpractice?

In order to demonstrate medical malpractice in Colorado, you must prove:

Legal duty of care by the physician
A violation of that duty
Injury to the plaintiff
The breach of standard of care was a cause of injury, damages, or loses

It can be hard to even know if you have a case. Contact our attorneys at Leventhal Puga Braley P.C. for a no-charge initial consultation to see if you can file a claim for medical malpractice.

How Much Is My Claim Worth?

Many states have caps, or limits, on how much you can be awarded in a medical malpractice claim. Colorado is no different. For economic damages, such as medical bills or lost wages, the court limits compensation at $1,000,000, but there are some cases where this limit can be broken. Should the court find that it is unfair to the victim, often due to high medical costs, they may allow damages that exceed $1,000,000.

For noneconomic damages, like pain and suffering or lowered quality of life, the Colorado cap is set at $300,000. Other states have no limit and allow the jury to compensate you according to the evidence.

Types of Medical Malpractice Cases We Handle

At Leventhal Puga Braley P.C., we have been practicing for over 40 years, and our cases have won national media attention. Our attorneys have backgrounds in medicine, education, criminal justice, and more.

We work as a team to tackle the following:

Case Study: Wrong Dose

Our client was born with a common congenital heart defect. At only 4 days old, she headed to the operating room for corrective surgery. But it went horribly wrong. Staff at Children’s Hospital Colorado gave her the wrong dose of prostaglandin, which sent her into cardiac arrest. For 33 minutes, they were unable to resuscitate her. As a result, this little girl suffered brain damage, including cerebral palsy and cognitive disabilities. When she was 7 years old, we took the case to court and received a jury verdict of $17.8 million. "Words cannot express how grateful we are that Leventhal Puga Braley P.C. has made it possible for our daughter to receive the lifelong care she will need," said her mother.

Case Study: Paralyzed After an Injection

Our client went into an ambulatory surgery center to treat her back pain. She came out a paraplegic. Doctors at the center used a drug called Kenalog, which contained a warning that it could cause serious injury or death if administered by epidural injection. Our client suffered permanent paralysis from the waist down within minutes of receiving the drug by epidural. After we argued her case in court, the jury awarded her $14.9 million.

Other Locations We Serve

Why You Need a Trial Lawyer from Leventhal Puga Braley P.C.

Medical malpractice claims are difficult and injured people require experienced, knowledgeable attorneys to be on their side. Juries naturally tend to side with doctors in medical malpractice claims. However, the odds greatly increase in a victim’s favor with the right evidence and know-how to use that evidence. We specialize in representing plaintiffs in tough cases. Our trial lawyers are the elite of their breed. They complete relentless preparation, think on their feet, speak clearly to lay audiences, understand and describe all the complex medical issues at hand, and have the tenacity to take on doctors, hospitals, and insurance lawyers.

Our clients deserve the best treatment and excellent representation - and we pride ourselves on providing that service to you and your family. We want you to feel comfortable during the litigation process. We can research and study your case, bringing in our network of medical experts to explain things to you each step of the way. We deal with all the legal back-and-forth with the hospitals and insurance companies while you concentrate on healing.

There is no charge for an initial consultation or questions and we only get paid if you receive a settlement or verdict. To speak to one of our experienced Denver medical malpractice attorneys, please call (303) 759-9945 or toll-free at (877) 433-3906.

Medical Malpractice FAQs

What Are Common Examples of Medical Malpractice?

Medical malpractice can take many forms. Some of the most common include:

Misdiagnosis or delayed diagnosis: Failure to correctly diagnose a condition in a timely manner can lead to worsened outcomes.
Surgical errors: Operating on the wrong body part, leaving surgical instruments inside a patient, or causing unnecessary injury during surgery.
Medication errors: Prescribing or administering the wrong drug or dosage.
Birth injuries: Negligence during labor and delivery leading to conditions such as cerebral palsy or brachial plexus injuries.
Anesthesia errors: Incorrect dosage or failure to monitor a patient under anesthesia.
Failure to treat: Discharging a patient too soon or neglecting proper follow-up care.

What Compensation Can I Recover in a Denver, Colorado, Medical Malpractice Case?

Victims of medical malpractice may be entitled to recover compensation for the following:

Medical expenses (past and future)
In-home care for long-term injuries
Loss of income and earning capacity
Pain and suffering
Emotional distress
Loss of enjoyment of life
Punitive damages (in cases of gross negligence)

How Much Does It Cost to Hire Leventhal Puga Braley P.C.?

We handle medical malpractice cases on a contingency fee basis, meaning you pay nothing upfront. Our fee is a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing. We also offer a no-charge initial consultation to discuss your case and explain your legal options.

Do I Need a Colorado Medical Malpractice Attorney?

Without seasoned legal representation, your chances of recovering fair compensation in Denver are slim. Medical malpractice law is highly specialized, and hospitals and insurers have teams of defense lawyers whose sole purpose is to minimize compensation or deny claims entirely.

At Leventhal Puga Braley P.C., we have decades of experience successfully resolving complex malpractice across the nation and can help you.

Why Choose Leventhal Puga Braley P.C. for My Medical Malpractice Case?

When your life has been upended by medical negligence, you need more than just any lawyer. You need a firm with a national reputation for excellence. At Leventhal Puga Braley P.C., we prepare every case for trial because we know that real justice often requires standing up to powerful healthcare institutions in court.