Medical Malpractice in Colorado: What to Do If Your Doctor Makes a Mistake

Medical Malpractice in Colorado: What to Do If Your Doctor Makes a Mistake

Medical malpractice occurs when a healthcare professional deviates from the standard of care, leading to patient harm. In Colorado, as in other states, understanding your rights is crucial if you believe that a medical error has occurred. Here's what you need to know about medical malpractice in Colorado and the steps to take if your doctor makes a mistake.

Understanding Medical Malpractice

To establish a medical malpractice claim in Colorado, you must demonstrate that the healthcare provider acted negligently. This typically involves proving that:

  • The medical professional owed you a duty of care.
  • They breached that duty through action or inaction.
  • The breach directly caused your injury.
  • You suffered measurable damages as a result.

Types of Medical Errors

Common types of medical errors that can lead to malpractice claims include:

  • Misdiagnosis or delayed diagnosis
  • Improper treatment or medication errors
  • Surgical errors or negligence during procedures
  • Failure to obtain informed consent
  • Birth injuries
  • Anesthesia errors

Steps to Take After Experiencing Medical Malpractice

If you suspect that you have been a victim of medical malpractice in Colorado, consider the following steps:

  1. Seek Immediate Medical Attention: If you're experiencing adverse effects from treatment, consult another healthcare professional for an evaluation and necessary care.
  2. Document Everything: Keep detailed records of all medical treatments, communications with healthcare providers, and any symptoms or changes in your condition.
  3. Consult with a Medical Malpractice Attorney: An experienced attorney can help assess your case and guide you through the legal process. They can also help gather expert testimony and medical records.
  4. File a Complaint with the Medical Board: If appropriate, consider reporting your physician to the Colorado Medical Board. This can potentially trigger an investigation into their professional conduct.
  5. Filing a Lawsuit: If you decide to move forward with a lawsuit, your attorney will help you draft and file the necessary documents with the appropriate court.

Statute of Limitations

In Colorado, the statute of limitations for filing a medical malpractice claim is generally two years from the date of the injury or one year from the date you became aware of the injury, whichever comes first. It is critical to pursue your claim promptly to ensure your rights are protected.

Proving Medical Malpractice

To successfully prove your case, your attorney will likely need to establish a breach of the standard of care. This often involves consulting with medical experts who can testify about the actions that should have been taken and how the healthcare provider fell short.

Conclusion

Experiencing medical malpractice can be distressing and confusing. It's essential to know your rights and act swiftly if you believe you have been harmed by a healthcare professional's mistake. By understanding the process and seeking legal guidance, you can take the necessary steps to hold negligent parties accountable and seek the compensation you deserve.