Colorado Malpractice Law

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In Colorado, hospitals are not generally held responsible.

According to ExpertLaw.com, medical malpractice occurs "when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury."

  1. Limits on Damages

    • Under Colorado statutes, awards of non-economic damages may not exceed $300,000 and the total damage award is not to surpass $1,000,000.

    Statute of Limitations

    • Any malpractice suits must be brought forward within 2 years after the day of the injury unless the malpractice action was concealed, a foreign object was left in the patient's body, or the physical injury was not apparent to a reasonable person.

    Vicarious Liability

    • In the state of Colorado, a physician offering medical services within a hospital bears the principal responsibility for actions taken; therefore, hospitals are not usually responsible for the negligence of independently-contracted doctors.

    Expert Witnesses

    • Within 60 days after bringing forth a complaint, the claimant must file a certificate of review, which states that an expert was consulted and that he is competent to express an opinion concerning the alleged negligence.

    Joint and Several Liability

    • According to ExpertLaw.com, if more than one defendant is found liable for the injury suffered by the plaintiff, each is individually responsible for the full amount of the judgment.

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  • Photo Credit cottage hospital image by Chris Bolton from Fotolia.com

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