The vast majority of doctors in Colorado are amazing, talented, compassionate individuals who will do anything to help their patients. Unfortunately, there are some situations where accidents happen, and patients may be harmed by doctors who are not paying attention or who do not have the best interests of their patients at heart. We are Ridder Law, and we understand that medical mistakes can be frustrating. We provide medical malpractice services, and it would be our pleasure to take a look at your case to see if we can recover compensation on your behalf. Speak to our experienced personal injury attorneys to let us help you and ensure your rights are protected at (720) 812-1047.
What Qualifies as Medical Malpractice In Colorado?
The standards regarding medical malpractice can be complicated, which is why you need to reach out to an attorney as quickly as possible. Some of the requirements that need to be met for an incident to qualify as medical malpractice include:
- Duty: You need to prove that the doctor had a duty of care to you. Did you have a scheduled appointment? Or was the doctor simply responding to the scene of an accident to help?
- Deviation: You need to prove that the doctor deviated from the readily accepted best practices and standards of care of his or her medical specialty.
- Damages: You need to prove you were harmed in some way. Did you require additional medications as a result of the deviation? Did you incur additional financial expenses?
- Direct Cause: You need to prove that the deviation of that doctor was the cause of your harm.
If all of these elements can be proven, you may have a medical malpractice case. It is important to know who is liable for medical malpractice, whether it is a hospital or a practitioner.
What Colorado Medical Malpractice Cases Do We Handle?
Medical malpractice comes in many shapes and forms, but because the cases can be a challenge to prove, we tend to handle exceptionally serious cases of medical malpractice. For example, if you have been left with a permanent injury or someone you know has passed away as a result of a medical mistake, it would be our pleasure to help you.
Some of the common issues we come across include:
Diagnostic Errors: Conditions missed or caught late, like strokes, heart attacks, or cancer, sometimes because doctors fail to follow up on abnormal test results.
Surgical Mistakes: This could be from performing surgery on the wrong body or causing avoidable injury to nerves or organs during a procedure.
Medication Errors: Giving a patient drugs that interact negatively, making mistakes with anesthesia during surgery, or dispensing the wrong dose or type of medication at the pharmacy.
Birth Injuries: Harming a newborn or mother due to a delayed response to distress, postponing an emergency C-section, or causing injury during a difficult delivery like shoulder dystocia or hypoxia.
If you’ve experienced situations like these, you may be entitled to answers or compensation. Because the statute of limitations regarding medical malpractice cases in Colorado is relatively quick, timing is everything, so contact us about a possible medical mistake that you or a loved one has experienced.
Certificate of Review – What it is and Why it Matters
A Certificate of Review is a legal document required in Colorado for all professional negligence cases, including medical malpractice claims. Its role is to confirm that a qualified, licensed expert has examined the details of the case and believes there is a valid basis for the lawsuit.
Failing to file this document correctly or on time usually leads to dismissal of the case, making it a critical part of any malpractice action. The following information needs to be included:
Expert Affidavit: Must come from a licensed professional in the same specialty as the medical provider you’re bringing a claim against.
Expert’s Credentials: Needs to list the expert’s qualifications, such as education, training, and practical experience relevant to the case.
Case Review Confirmation: Statement that the expert thoroughly reviewed relevant patient records and all facts presented.
Expert’s Opinion: Should provide the expert’s view that the provider likely strayed from accepted standards of care, and that error probably caused the harm alleged.
The document must be filed within 60 days after the medical malpractice complaint is formally served.
(1)(a) In every action for damages or indemnity based upon the alleged professional negligence of an acupuncturist regulated pursuant to article 200 of title 12 or a licensed professional, the plaintiff’s or complainant’s attorney shall file with the court a certificate of review for each acupuncturist or licensed professional named as a party, as specified in subsection (3) of this section, within sixty days after the service of the complaint, counterclaim, or cross claim against such person unless the court determines that a longer period is necessary for good cause shown.
It discourages and screens out frivolous or unsupported lawsuits, ensuring only claims with real merit can continue.
Common Defenses Defendants Raise in Medical Malpractice Claims
When facing a medical malpractice claim, healthcare providers and their insurance companies don’t always just accept responsibility. They often work aggressively to avoid paying compensation. Understanding the defenses they commonly use can help you and your attorney prepare a stronger case from the start.
Known Complication of Treatment
The provider may argue that the harm was an unavoidable, well-recognized risk, not proof of carelessness or an error.
Comparative Fault
This defense tries to shift some or all responsibility onto the patient. For example, claiming the injured party didn’t follow instructions, failed to report warning signs, or worsened their outcome by not attending follow-up care.
Pre-Existing Condition
Doctors and hospitals might blame your problems on medical issues that were present before they treated you, minimizing the role of their actions.
Attacking Causation
Rather than denying error altogether, some providers accept a mistake was made but contest whether that mistake directly caused your injury, versus another unrelated reason.
Working with an attorney to push back on these defenses maximizes your chance for recovery.
Contact Our Medical Malpractice Attorneys In Colorado Today
There are a lot of moving parts involved in medical malpractice cases, and that is why you need an expert in your corner who can help you. We are Ridder Law, and it would be our pleasure to review your case in Colorado. Contact us today to schedule a free consultation at (720) 812-1047. It would be our honor to work with you.