Medical Malpractice

Medical Malpractice Attorneys in Colorado Springs, CO

When you suffer an injury at the hands of a healthcare provider, you need a knowledgeable medical malpractice attorney at your side. Malpractice cases are complex, and Colorado restricts claims against doctors, hospitals, and other providers with a short statute of limitations, a certificate of review, and compensation caps.

The personal injury lawyers at The Foley Law Firm have years of experience helping injured patients with medical malpractice claims. You should be able to focus on recovering from your injuries instead of worrying about your malpractice case. Contact us if you’ve been injured by a medical error in the Pikes Peak region.

Examples of Medical Malpractice

There are several injuries a patient may sustain due to a health provider’s negligence that a court might consider medical malpractice, including:

• Birth injuries, including cerebral palsy, brachial plexus injuries, and Erb’s palsy
• Medication errors, including prescription drugs and drug interactions
• Anesthesia errors, including improper dosing and using the wrong anesthesia
• Surgical errors, including leaving foreign objects in the body or operating on the wrong body part
• Failure of diagnosis, including late and incorrect diagnosis
• Unnecessary surgery
• Early patient discharge
• Failure to perform appropriate follow-up care

How Medical Malpractice Cases Are Different From Personal Injury Cases in Colorado

Although medical malpractice cases fall under the personal injury law umbrella, they differ significantly from other personal injury cases, such as car accidents. Medical professionals will fight to protect their reputations and keep their positions, while the state of Colorado makes it difficult for injured patients to bring claims against them.

Some of the critical factors that make medical malpractice cases different from other personal injury cases include:

• The statute of limitations and exceptions or extensions available to the statute
• Needing a “certificate of review” within 60 days of filing your claim
• A cap of $300,000 for non-economic damages such as pain and suffering, loss of enjoyment of life, disfigurement, and physical impairment
• A $1 million cap on the total amount of compensation awarded, including economic and non-economic damages

Colorado requires that your medical negligence lawyer sign and file a certificate of review to prevent frivolous malpractice suits. This certifies that your Colorado medical malpractice lawyer has had a qualified expert review the facts of the case and that the expert found that your claim “does not lack substantial justification.”

If you name a doctor as a defendant in a case, the expert must be a licensed physician in the same (or a related) area of medicine. You also must file separate certificates of review for each defendant, as well as each of their employers. For example, if you file a claim against a doctor who works at a hospital, you must file a certificate of review for the doctor and the hospital, even if the hospital isn’t a named defendant in your lawsuit.

Types of Damages You May Be Able To Seek in a Colorado Medical Malpractice Case

You may be able to seek economic, non-economic, and punitive damages in a medical malpractice case. Economic damages include medical expenses for treatment of your injuries, lost wages from time off work, and other quantifiable expenses you can attribute to your claim.

Non-economic damages include qualifiable damages, such as loss of enjoyment of life, emotional distress, disfigurement, pain and suffering, mental anguish, and other trauma-related mental and physical issues. Your medical malpractice lawyer can help you determine a compensatory value for non-economic damages.

You may also pursue punitive damages against the provider if you can prove they were willful or reckless in their actions. Contacting a medical malpractice lawyer can help you understand the full value of your case.

The Statute of Limitations for Medical Malpractice Claims in Colorado

The statute of limitations to file a medical malpractice claim in Colorado is two years from the date of harm or the date of discovery (within a reasonable period). However, there is a cap of three years to file your case unless:

• A foreign body caused your injuries
• The defendant attempted to conceal the error
• You could not have discovered the malpractice and injury within a reasonable time frame

Parents or legal guardians of children under six at the time of the malpractice have until the child’s eighth birthday to file a malpractice claim. Older children and incapacitated adults have two years from the time they have court-appointed representation.

Work with The Foley Law Firm to Determine the Value of Your Medical Malpractice Case and Build Your Strategy

Medical malpractice claims are complex. Trust our experienced medical malpractice lawyers to help you navigate your claim.

Call The Foley Law Firm at (719) 757-1182 today or fill out our online form to schedule your free consultation in Colorado Springs, CO.