Colorado claims related to a doctor or hospital’s negligence can be complicated to navigate, especially on your own. However, there are several steps you can take to determine if you have a valid medical malpractice case. The primary questions you will need to apply to your case include the following:
- Did you suffer harm or injury?
- Was there negligence or a breach of duty?
- Can you establish causation?
- Can you prove damages?
Each of these questions plays a role in establishing negligence. We will take a closer look at each element required to have a medical malpractice case. For further information or to schedule a free consultation, call Olson Personal Injury Lawyers today at 303-381-2234.
Key Takeaways
- Even if a case lacks some standard legal elements for medical malpractice, an attorney can assess whether exceptions apply.
- Key evidence includes medical records, expert testimony, patient or family testimony, and visual documentation.
- Not all medical errors are malpractice. Malpractice involves negligence or breaches of the standard of care causing injury, but some errors may not harm or meet legal standards.
- Victims typically have two years from injury discovery to file a medical malpractice claim—with exceptions for fraud, concealment, or foreign objects.
- Lawsuits can target doctors, hospitals, or both, especially with systemic issues or negligence. Consulting an attorney is essential to identify legal responsibility.
What Evidence Do You Need To Prove a Medical Malpractice Case in Denver, CO?
A significant determinant of the success of your case is the strength of your evidence. You will need solid proof that medical malpractice occurred, which can be established through various forms of evidence.
Medical Records
Medical documentation is one of the most critical pieces of evidence in a personal injury claim. It outlines the treatment provided, medications prescribed, lab results, notes from the doctor, and an overall timeline of care. This allows the court to determine whether the defendant deviated from their duty of care and, as a result, caused your injuries.
Expert Testimony
Colorado requires you to submit expert witness testimony with a medical malpractice claim. This is known as a Certificate of Review and generally must be filed within 60 days of filing a complaint. The expert witness is typically qualified in the relevant specialty and can explain how care fell below the standard and caused harm.
Patient or Family Testimony
While not required, personal testimony from the patient themselves or their family can help strengthen a claim. This could detail the victim’s experiences following the injury, including communication with providers, observed behavior, and the physical and emotional effects of the injury.
Photographs and Videos
Having visual evidence of your injuries can solidify when they occurred and their severity. You can also collect photos of injuries and healing, screenshots of test reports/portals, any hospital or clinic surveillance the facility preserves, and anything else that may be applicable to your case.
Our hardworking medical malpractice attorneys can help gather and present critical evidence to build your case. Schedule an appointment for our team to review your claim today.
Common Questions About Medical Malpractice in Denver, Colorado
What Is the Difference Between Medical Malpractice and Medical Errors?
Medical malpractice occurs when a health care provider’s error or negligence breaches the standard of care and results in injury to a patient. Medical errors are mistakes in health care delivery, such as misdiagnoses or medication errors, which may or may not cause harm. In short, not all medical errors are malpractice, but all malpractice involves an error or negligent act.
How Long Do I Have To File a Medical Malpractice Claim in Colorado?
In Colorado, you generally have two years from the date you discovered the injury to file a medical malpractice claim, but no more than three years from the date the malpractice occurred. Some exceptions apply, such as in cases involving fraud, concealment, or the presence of a foreign object in the body.
Can I Sue a Hospital or Just a Doctor?
Yes, you can sue a hospital, a doctor, or both, depending on who was responsible for the malpractice. In some cases, hospitals may be liable for the actions of their employees or for systemic failures in care. A hospital’s responsibility often turns on whether the practitioner was an employee/agent; separate claims like negligent credentialing may also apply.
Is It Worth Pursuing a Medical Malpractice Lawsuit?
Pursuing a lawsuit may be worthwhile if the injury has caused significant harm, long-term effects, or financial loss. However, malpractice cases are complex and require strong evidence, so consulting an experienced attorney is essential to evaluate your situation.
Contact Us at Olson Personal Injury Lawyers in Denver
At Olson Personal Injury Lawyers, our goal is to help clients understand their rights, gather evidence, and pursue legal action. We have extensive experience handling medical malpractice cases in Denver and can take on yours, regardless of the complexity.
If you believe you or a loved one has been harmed due to a doctor or hospital’s error, do not wait to get the help you deserve today. Contact our law office to schedule a consultation and determine whether you have a case.
