Did you visit a doctor and end up with injuries or even a permanent disability?
Sadly, becoming a victim of medical malpractice is not uncommon for Coloradans. In 2023, 1496 medical professionals faced disciplinary actions in Colorado. Recently, Presbyterian St. Luke Medical Center and Sky Ridge Medical Center were all over the news for their maternity ward and botched surgery, respectively.
If you have been hurt because of a doctor’s mistake, discuss it with us. Our Colorado medical malpractice lawyer is here to help you get the compensation you deserve. We offer a free consultation to see if you have a case against your doctor.
Do not wait—reach out to us now. We understand what you are going through and want to help you hold those responsible accountable.
Understanding Medical Malpractice in Colorado
Colorado law requires healthcare professionals to meet specific standards of care when treating patients. Medical malpractice occurs when healthcare professionals fail to meet these standards and their treatment results in injuries.
The law generally determines these standards of care based on their qualifications. For example, to decide whether a surgeon is guilty of malpractice, courts usually compare them with other surgeons with similar qualifications and assess whether other surgeons would have performed the surgery in the same way.
Types of Medical Malpractice Common in Colorado
Failure to Diagnose
Not every failure to diagnose is malpractice, but some are. For example, you visit a doctor to diagnose a medical condition. The doctor gives you a clean bill of health. However, it turns out you have that condition, leading to a serious injury later.
Surgical errors
Some injuries that can occur due to surgical mistakes include:
- Nerve damage
- Hemorrhage or excessive bleeding
- Infections
Sometimes, doctors can be negligent. They can perform the surgery on the wrong limb or leave an instrument inside the body. We have handled both of these types of cases.
Medication or anesthesia errors
These include mistakenly administering the wrong medicine or an incorrect dosage of medication or anesthesia.
If you believe you’re a victim of these or other types of malpractice in Colorado, contact us today. Our medical malpractice law firm in Colorado can help you get justice by recovering the compensation you’re owed.
Why Trust Zobel Legal Group with Your Colorado Medical Malpractice Case?
Unlike other personal injury law firms, Zobel Legal Group doesn’t rush to settle your injury case. Our founder, Wade Zobel, established Zobel Legal Group to make a real difference for injured Coloradans like you. We genuinely care about improving your situation. When you bring your medical malpractice case to us, our goal is to handle it in a way that serves your best interests.
Every medical malpractice case is different, and we believe in creating a unique strategy for each. Here is how we generally approach medical malpractice cases:
- Building Trust: Our priority is to earn your trust. It helps us better understand your situation, needs, and expectations.
- Strategy Discussion: Once we understand your case, we discuss the best strategy, including the positives and potential challenges.
- Collaborative Planning: Together, we create a plan tailored to your case.
For over ten years, we have successfully helped clients across Colorado recover compensation for their medical malpractice injuries. Our Colorado medical malpractice attorney has handled many complex medical malpractice cases, including:
- Surgical errors
- Birth injuries
- Misdiagnosis
- Delayed diagnosis
Don’t just take our word for it. You can learn about the quality of our services from people we’ve helped with their medical malpractice injuries:
“Mr. Zobel is a very experienced, trustworthy, and responsive attorney. He caringly provided legal services to my family during a very difficult time. He helped us get through the first several months of the 2020 COVID-19 pandemic with a level of peace of mind. We will be forever grateful. Thank you very much, Zobel Legal Group; strongly recommended!“— Adam B.
“My experience with Zobel Legal Group was very positive. Wade was kind, respectful, and professional. He communicated well with me during the process and made sure that I understood every step. He was able to get me the maximum for my case and was willing to fight for more if it came to that. As a person of color, he showed me the utmost respect and was eager to fight on my behalf. He also doesn’t back down from a challenge and is not easily intimidated by the opposition. I would recommend Wade Zobel to anyone in Colorado looking for representation.” — Chris W.
If you or a loved one has been a victim of a medical error, call us today. We can help you get the maximum compensation for your injuries.
Key Colorado Laws You Need to Know for Your Medical Malpractice Case
Every medical malpractice case is unique but the general path to recover compensation is as follows:
File a Certificate of Review
Colorado law requires you to file a Certificate of Review with the court. You can file it at the same time as your lawsuit or within 60 days of serving it. If you fail to file it within 60 days, the court will likely dismiss your lawsuit. The court might grant you extra time, but only in exceptional circumstances.
Your Certificate of Review must include three statements:
- You have consulted with a medical expert
- This expert has reviewed your case
- The expert believes your claim is justified
The medical expert you consult with should meet the legal qualifications. The medical expert should be qualified in the same field as the doctor you’re filing a claim against.
Modified Comparative Negligence Rule
Colorado is a modified comparative negligence state. According to this rule, when a negligent person causes loss to others, they are only liable to the extent of their negligence. So, if your doctor was at fault, they will only be liable to pay damages for your injuries to the level of their negligence.
For example, your surgeon failed to follow the accepted standard of care and you get an infection. If the judge finds your surgeon 90% at fault and you 10% at fault. If you would have received $800,000 in damages, you would get $720,000 instead.
Therefore, you can still recover compensation even if you’re partially at fault for your medical injuries. However, your level of fault must not be equal to or greater than that of the healthcare professional.
Statute of Limitations
In Colorado, you must file your medical malpractice lawsuit within two years from the day your medical injuries occurred or the day you discovered your medical injuries.
Furthermore, if you fail to discover your injuries within two years, the law gives you three years to file your lawsuit. But those three years are from the day your medical injuries occurred, not when you discover them.
If a child younger than six years becomes a victim of medical malpractice, the lawsuit must be filed before their eighth birthday.
Medical malpractice laws in Colorado are extremely complex. If you believe your injuries occurred due to medical malpractice, contact us today before your time to recover compensation runs out. Don’t risk losing your chance to recover compensation.
How Zobel Legal Group Can Help You Recover Compensation for Your Medical Injuries
The specific challenges you must face to recover compensation depend on your case but Zobel Legal Group can handle all of your challenges. Here is how we support you throughout the process:
Gathering Evidence and Building Your Case
Building a case against healthcare professionals is complex. It can be difficult to know which evidence is essential if you are unfamiliar with the healthcare industry.
Our medical malpractice law firm in Colorado knows which evidence is crucial to build your medical malpractice claim. We can analyze your medical records and collect those pieces of evidence.
Negotiate With Your Healthcare Provider’s Insurer
Medical malpractice claims are usually substantial due to the severity of injuries. Therefore, the insurance company usually uses every possible tactic to reject your claim. Furthermore, they are well-equipped with substantial resources, including lawyers who are tough negotiators.
Our Colorado malpractice lawyer is well-versed with their tactics as he has settled many claims for Coloradans. He has helped them get the compensation they deserve for their medical injuries.
File Your Medical Malpractice Lawsuit
We can prepare your paperwork and file your lawsuit in the appropriate court. Additionally, we can file your Certificate of Review, which is necessary for moving forward with your medical malpractice lawsuit.
Prove The Healthcare Provider’s Negligence
Our medical malpractice lawyer can represent you if your case goes to court and prove the medical malpractice of your healthcare professional.
The process of proving medical negligence is as follows:
- Proving the existence of a doctor and patient relationship
- Showing that the doctor’s actions fell below the accepted standard of care
- Linking the doctor’s negligence to your medical injuries
What damages can you recover for your medical malpractice injuries in Colorado?
The damages you can recover depend on the severity of your medical malpractice injuries. Colorado laws provide compensation for both economic and non-economic losses.
Economic losses
These refer to monetary losses you sustained due to your medical injuries, including:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
Non-economic losses
These refer to non-pecuniary losses you experience after your medical injuries, such as:
- Pain and suffering
- Fear, anxiety, sleeplessness
- Loss of enjoyment of life
- Physical impairment or disfigurement
Note that there is currently a $300,000 cap on the total amount of compensation you can recover for non-economic damages. Our Colorado malpractice lawyer has helped many Coloradans recover maximum compensation. He understands how to build your medical malpractice case so you can recover the maximum damages possible.
Zobel Legal Group Can Help You Get Compensation for Your Medical Injuries in Colorado
As we have litigated several medical malpractice cases, we understand the financial hardship you are likely going through. Therefore, you don’t have to pay us until we get you compensation for your medical injuries.
Schedule a free consultation with our medical malpractice lawyers in Colorado today. We can help you recover what you deserve.
Frequently Asked Questions About Medical Malpractice Claims in Colorado
How long does it take to resolve a medical malpractice lawsuit in Colorado?
When healthcare professionals accept their liability, it can be solved in months. Otherwise, it can take more than a year.
How much compensation do Coloradans usually recover for their medical malpractice injuries?
As every medical malpractice case is unique, there is no set amount of compensation. However, the laws currently restrict Coloradans to recover $1 million in economic damages and $300,000 in non-economic damages.
Do medical malpractice injury cases usually go to trial?
Most medical malpractice cases are settled out of the courtroom. But whether your case settles or goes to trial depends on its circumstances.