Medical Malpractice Law in Colorado

Medical malpractice law in Colorado, as you know, is a serious issue. If you have been injured due to the negligence or malicious intent of a medical care professional, then you are entitled to certain damages that will be determined in a court of law.

Limits on Damages

Medical malpractice law in Colorado does have some limits on just how much the injured party may collect. Non-economic damages may be awarded up to $300,000 and the total number of damages may not be greater than $1 million.

Colorado State Malpractice Laws at a Glance:

Colorado State Tort Law
Statute of Limitations Two years from date of original injury and not longer than three years from act. In cases of foreign objects, Colorado allows two years from date of discovery.
Damage Award Limits $300,000 limit to noneconomic damages. $1 million total limit.
Joint Defendant Liability Proportionate liability for defendants. Exception made if act was intentional.
Expert Witness The expert witness must be a licensed doctor with knowledge of care provided on date of injury.
Attorney Fees No limits on attorneys fees

Collateral Source Rule

There is also the traditional collateral source rule that states that the defendant in a medical malpractice case may not be able to introduce evidence into the case that would lower the amount of damages due to the fact that the plaintiff has received compensation from other sources. In the state of Colorado, there is an obligatory offset for payments that are received from other sources such as insurance companies for example.

Joint and Several Liability

There is a traditional law that states that when more than one defendant is in a medical malpractice case that each defendant is liable for the entire settlement should one of the other defendants in the case not be able to pay their share. However, the state of Colorado has done away with this law so each defendant in the case is only liable for their fair share of the damages based on their proportionate fault in the case.

Statute of Limitations

Every state has its own laws concerning the statute of limitations, and medical malpractice law in Colorado is no exception. In this state, the law suit must be filed within the first 2 years since the injury was or should have been discovered. No law suit may be filed after 3 years since the injury occurred however. Also, if it was a minor younger than the age of 6 that was injured, he or she has until their eighth birthday in which they may file their law suit.

Why a Lawyer is Needed?

It is very important that you hire a specialist in the field of medical malpractice law in Colorado if you plan on winning your case. There are few types of cases that are as complex as medical malpractice and how so many options for error. Also, the defendants in these cases have access to the most expensive and professional legal firms available so you will definitely have to have your own legal professional.

If you have questions or are concerned about medical injury, consult with an attorney who can best advise you on your situation.

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