What Is Considered Medical Malpractice in Colorado?

When you seek medical care, you put your health—and often your life—in the hands of professionals. Doctors, nurses, hospitals, and other providers are expected to meet specific standards of care. But what happens when they don’t? What if a medical error causes you harm? In Colorado, that may qualify as medical malpractice and you could have the right to seek compensation.

But not every bad outcome is considered malpractice. To have a valid case, specific legal criteria must be met. In this blog, we’ll explain what qualifies as medical malpractice in Colorado, what types of errors are most common, and how you can pursue legal action if you’ve been hurt by a healthcare provider’s mistake.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or death to a patient. The “standard of care” refers to the level of care that a reasonably competent provider would have given under similar circumstances. When a provider’s actions fall below that standard and cause harm, it may be considered negligence — and it may be grounds for a lawsuit.

To establish a medical malpractice claim in Colorado, you generally must prove:

• A provider-patient relationship existed: The medical professional owed you a duty of care.
• The provider breached that duty: They acted (or failed to act) in a way that another competent provider would not have.
• The breach caused your injury: There must be a clear link between the provider’s mistake and your harm.
• You suffered damages: This includes medical bills, lost wages, pain and suffering, or long-term health issues.

At Larson Law Firm, we help patients across Alamosa and southern Colorado understand whether their experience rises to the level of malpractice and what their legal options are.

Examples of Medical Malpractice in Colorado

Medical malpractice can happen in hospitals, clinics, nursing homes, surgical centers, and even during routine office visits. Some of the most common types of malpractice claims include:

• Misdiagnosis or delayed diagnosis: If a doctor fails to correctly diagnose a serious condition like cancer, stroke, or infection, the patient may lose valuable treatment time — or face irreversible harm.
• Surgical errors: Operating on the wrong body part, leaving surgical tools inside a patient, or damaging organs during surgery can all be grounds for a claim.
• Medication errors: Giving the wrong drug or dosage, or failing to check for allergies or drug interactions, can lead to serious complications or death.
• Anesthesia mistakes: Too much or too little anesthesia — or failure to monitor a patient properly — can cause brain damage or fatal outcomes.
• Birth injuries: Mistakes during labor and delivery can result in permanent disabilities for the baby or complications for the mother.
• Failure to obtain informed consent: If a provider does not explain the risks of a treatment or procedure, and you’re harmed as a result, this may constitute malpractice.

These are just a few examples. Every case is unique, and even less obvious mistakes — like poor follow-up care or ignoring symptoms — may form the basis of a claim if they result in harm.

How Colorado Law Treats Medical Malpractice

Medical malpractice in Colorado is governed by both state statutes and court rulings. To protect healthcare providers from excessive liability, Colorado has established certain rules and limits for malpractice lawsuits. If you're considering filing a claim, here are key points to understand:

1. Statute of Limitations

Under Colorado law, you generally have two years from the date of the alleged malpractice — or from when you discovered the injury — to file a claim. However, you cannot file more than three years from the date the malpractice occurred, even if the injury was discovered later. There are exceptions for cases involving minors or fraud, but timing is critical. Waiting too long can cost you your right to compensation.

2. Certificate of Review

Colorado requires plaintiffs in malpractice cases to file a certificate of review within 60 days of filing the lawsuit. This certificate must confirm that a qualified medical expert has reviewed your case and believes the provider may have acted negligently. This rule is meant to prevent frivolous lawsuits — but it also makes it essential to work with an attorney early in the process.

3. Damage Caps

Colorado caps non-economic damages (such as pain and suffering) in malpractice cases. As of 2023, the cap is approximately $300,000 for non-economic damages, though this amount is adjusted periodically for inflation. Economic damages — like medical bills and lost wages — are not capped and can be recovered in full.

Our team helps clients in Alamosa and throughout Colorado comply with these legal requirements while building strong, evidence-based cases against negligent providers.

Do You Have a Valid Medical Malpractice Claim?

Not every medical error qualifies as malpractice. Sometimes, even when a patient is seriously injured or a procedure fails, the provider acted reasonably under the circumstances. That’s why these cases require a careful legal and medical analysis.

Questions that may indicate you have a valid claim include:

• Was your condition misdiagnosed or ignored despite clear symptoms?
• Were you injured during a routine procedure or surgery?
• Did your provider fail to explain risks or get your informed consent?
• Were test results lost, misread, or not communicated to you?
• Did you receive the wrong medication or dosage?

If you answered yes to any of these — and suffered harm as a result — it may be worth exploring a medical malpractice claim.

At Larson Law Firm, we take your health and your future seriously. Our team investigates every detail of your case, consults with medical experts, and pursues the full compensation you’re entitled to under Colorado law. We understand how overwhelming it can be to take legal action while recovering from a medical injury — and we’re here to support you every step of the way.

If you believe you or a loved one has been harmed by medical negligence, contact us today for a free consultation. We’ll review your case, answer your questions, and help you determine whether medical malpractice occurred — and what can be done about it.