Common Medical Malpractice Cases in Colorado
Medical malpractice cases in Colorado are among the most complex personal injury claims. Patients who suffer harm due to medical negligence often face not only health challenges but also complicated legal battles. At Treviño Law, our Denver medical malpractice lawyers guide victims through these difficult cases with skill, compassion, and a deep knowledge of Colorado’s laws. This blog will break down what medical malpractice looks like in Colorado, review real-world cases, and explain the state’s legal requirements for filing a claim.
What Qualifies as Medical Malpractice in Colorado?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury to a patient. Common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical mistakes, such as operating on the wrong body part
- Medication errors, including wrong dosage or drug
- Birth injuries caused by negligence during labor or delivery
- Anesthesia errors leading to severe complications
Even Denver’s top-rated hospitals and medical centers are not immune to mistakes. For victims, the impact can mean long-term medical care, loss of income, or permanent disability. Understanding what qualifies as malpractice is the first step in protecting your rights.
Recent Colorado Medical Malpractice Cases
Medical malpractice lawsuits are regularly filed in Colorado’s courts. A review of federal court dockets reveals several recent cases (source):
- Berumen v. USA – Filed in February 2024, this case alleged negligence by government medical personnel under federal law
- Wallock v. Vail Valley Surgery Center – A January 2024 lawsuit involving alleged malpractice at a well-known surgical facility in Colorado.
- Arnett v. UCH-MHS – Filed in January 2024 against Memorial Hospital-North, a Colorado hospital accused of malpractice.
- Searcy v. Gunter – A December 2023 case alleging negligence by multiple healthcare providers in the Denver area.
These cases demonstrate how malpractice claims can involve a wide range of defendants, from individual doctors to large hospitals and even government-run facilities. They also highlight that malpractice can occur in both rural clinics and major urban medical centers.
Colorado’s Medical Malpractice Laws
Colorado imposes strict requirements on malpractice claims, and failing to follow them can lead to dismissal. According to Nolo’s legal guide, three key laws shape how these cases move forward:
1. Statute of Limitations
Victims must file a medical malpractice lawsuit within two years of discovering the injury or within three years of the alleged negligence, whichever comes first. Exceptions exist for cases involving concealed malpractice, foreign objects left inside the body, or claims involving minors under the age of six.
2. Certificate of Review
Within 60 days of filing, the plaintiff must submit a certificate of review. This document confirms that a qualified medical expert has reviewed the case and believes it has merit. Without this certificate, most malpractice claims will be dismissed.
3. Damage Caps
Colorado places limits on compensation in medical malpractice lawsuits. The general damages cap is $1 million, with noneconomic damages (pain and suffering, loss of enjoyment, emotional distress) capped at $300,000. These caps are increasing annually through 2029, with noneconomic damages rising to $415,000 in 2025 and beyond. Wrongful death cases stemming from medical malpractice have even higher caps scheduled to increase significantly in the coming years.
Why Medical Malpractice Cases Are Challenging
Unlike other personal injury claims, medical malpractice cases often involve:
- Extensive medical records that must be analyzed
- Expert testimony from doctors in the same field as the defendant
- Strict procedural rules and court deadlines
- Hospitals and insurers with powerful legal teams defending their interests
Because the plaintiff carries the burden of proof, working with a skilled attorney who understands both medicine and law is critical.
What to Do If You Suspect Medical Malpractice
If you believe you have suffered due to medical negligence in Denver or elsewhere in Colorado, here are important steps to take:
- Get a second opinion. Have another healthcare provider review your condition.
- Request medical records. Secure all documentation related to your treatment.
- Keep detailed notes. Record your symptoms, treatments, and interactions with providers.
- Do not discuss the case. Avoid speaking with insurance representatives before consulting an attorney.
- Contact a lawyer. Reach out to Treviño Law for guidance and representation.
Why Choose Treviño Law for Your Colorado Medical Malpractice Case?
Treviño Law has a proven record of helping victims of medical negligence in Denver and across Colorado. Our attorneys work with leading medical experts to build strong cases and maximize client recovery. We are dedicated to securing compensation for both economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering).
Our firm understands the unique challenges of malpractice claims in Colorado and ensures that your case complies with all legal requirements while fighting aggressively on your behalf.
About the Lawyer
Jaime Treviño, founder of Treviño Law, is a skilled trial attorney with offices in both Colorado and Texas. Having once defended corporations in injury lawsuits, Jaime now uses his knowledge of defense strategies to fight for injured patients. Known for his compassion and fierce advocacy, he has been recognized as a lifetime member of the Multi-Million Dollar Advocates Forum and is active in both the Texas and Colorado Trial Lawyers Associations.