Colorado Medical Malpractice Law - An Overview
By Aaron Larson
Law Offices of Aaron Larson
July, 2004
Important Notice: The following overview of Colorado's medical malpractice laws is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of medical malpractice law and may not reflect subsequent changes in the law. For a full review of Colorado's medical malpractice law, or for a determination of how the law applies to a specific incident or injury, please consult a malpractice lawyer licensed to practice in the state of Colorado.
Contents
- What Is Medical Malpractice
- Limits on Malpractice Damages
- Collateral Source Rule
- Rules for Expert Witnesses
- Joint and Several Liability
- Statute of Limitations
- Limits on Attorney Fees
- Additional Rules
- Why Use A Malpractice Lawyer
What Is Medical Malpractice
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
- Misdiagnosis of, or failure to diagnose , a disease or medical condition;
- Failure to provide appropriate treatment for a medical condition;
- Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
Limits on Malpractice Damages
Under Colorado law, and award of noneconomic damages in medical malpractice cases may not exceed $300,000.00. The total award of damages may not exceed $1 million.
Collateral Source Rule
Under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage. For medical malpractice cases in Colorado, there is a mandatory offset for payments from sources not contracted by and paid for by the claimaint.
Rules for Expert Witnesses
Under Colorado law an expert witness in a medical malpractice case must be licensed and familiar with the standard of care on the date of the injury.
Joint and Several Liability
Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Colorado has abolished joint liability such that each defendant is liable only for the amount of damages in an amount proportionate to their fault for causing the plaintiff's injury.
Statute of Limitations
Medical malpractice actions must be commenced within 2 years from the date the injury was or should have been discovered. However no medical malpractice claim may be filed more than three years after the act giving rise to the injury occurred. Where a child below the age of six is injured by malpractice, the child must file a claim by his or her eighth birthday.
Limits on Attorney Fees
Colorado does not limit attorney fees in medical malpractice cases.
Additional Rules
A claimant in a malpractice case must file a certificate of review, indicating that the plaintiff has consulted a qualified expert witness who is available to testify in the litigation.
A trial court may refer a medical malpractice case to mediation. Colorado law also permits voluntary arbitration.
There is mandatory periodic payment of awards of future damages exceeding $150,000.00.
Why Use A Malpractice Lawyer
Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.
Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.
Even within the specialized practice of medical malpractice law, you will find that some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.
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