Medical Malpractice

Answers to the most frequently asked questions about medical malpractice.

1. What is medical malpractice?

Answer: Medical malpractice is a term that is used when a doctor, hospital, or other health provider breached a duty to provide medical care with the skill or competence required under the circumstances.

2. Do I have a claim?

Answer: The only way to tell if you have a claim is to provide the facts of your case to our experienced attorneys. Go to our Contact Us page and email the information to us. We will contact you after reviewing your information.

3. How much time do I have?

Answer: In general, you have two years from when you knew or reasonably should have known of the malpractice. If you have not filed your claim in Court by then, your claim will be extinguished. There are exceptions which may lengthen this period. You should consult with an attorney experienced in medical malpractice matters to make sure of the time deadline in your case.

If the malpractice resulted in a death, the two-year time period begins on the date of death.

IMPORTANT: There is a six-month time limitation if any type of public entity or public employee is involved. A very specific written notice must be served within six months or your claim may be lost. This can include publicly owned hospitals, physicians acting as a member of the faculty of the university, a resident in training while working at a private hospital, etc.

DO NOT WAIT. CONTACT AN ATTORNEY WELL BEFORE THE 6-MONTH DEADLINE TO MAKE SURE THIS NOTICE REQUIREMENT DOES NOT APPLY!

If the victim is a minor or is deemed “under a disability” mentally, the above time limits may not apply. For instance, in the case of a brain injury, the victim may not be subject to these time limitations. Don't assume—Find out!

4. How much will it cost to see if I have a case?

Answer: There will be no charge for the attorney to speak with you and review the facts of your case. If records must be obtained, you may be responsible for this cost, but the attorney will not charge anything for his or her time and effort.

5. When is a hospital responsible?

Answer: Hospitals are generally not responsible for the actions of a physician practicing within the hospital. There are exceptions to this general rule. Hospitals are responsible for the actions of nurses, therapists, etc. employed by the hospital.

6. Do I have a right to get my medical records?

Answer: Yes. You have a right to obtain a copy of your medical records from a hospital, physician, or other health care provider. You may have to pay for the copying of the record. The Colorado Department of Health has regulations regarding how much can be charged.

7. What type of compensation is recoverable?

Answer: Economic loss, such as medical expenses in the past and which will probably be incurred in the future are recoverable. Wage or income loss in the past and in the future is recoverable. Non-economic damages, such as pain, effect on your life, physical impairment, or disfigurement, are recoverable. There are statutory dollar limits regarding what can be recovered. Our attorneys can explain those to you.