How to Sue a Doctor in Denver for Malpractice

Suing a doctor is a significant decision, often made after experiencing medical negligence or malpractice. If you or a loved one has been harmed by a healthcare provider in Denver, understanding the legal process is crucial. This guide outlines the steps to take, what to expect, and how to protect your rights.

1. Determine If You Have a Valid Medical Malpractice Claim

What is medical malpractice? Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in harm to the patient. Examples include misdiagnosis, surgical errors, medication mistakes, or failure to treat.

Key questions to ask:

  • Did the doctor’s actions (or inaction) directly cause harm?
  • Was the care provided below the accepted medical standard?
  • Are there damages (physical, emotional, or financial) as a result?

Note: Not all negative outcomes are malpractice. Medicine is not an exact science, and complications can occur even with proper care.

2. Gather Evidence and Documentation

Why it matters: Evidence is the foundation of your case. Without it, proving malpractice is nearly impossible.

What to collect:

  • Medical records (request copies from all providers involved)
  • Bills, receipts, and proof of expenses related to the injury
  • Photos or videos of injuries or conditions
  • Witness statements (from family, friends, or other healthcare providers)
  • A personal journal documenting your experience and symptoms

Tip: Request your medical records in writing from the doctor or hospital. In Colorado, you have the right to access your records.

3. Consult with a Medical Malpractice Attorney

Why it’s essential: Medical malpractice law is complex. An experienced attorney can evaluate your case, explain your rights, and guide you through the process.

How to find the right lawyer:

  • Look for attorneys specializing in medical malpractice or personal injury.
  • Check reviews, credentials, and case results.
  • Schedule consultations (many offer free initial meetings).

Questions to ask:

  • How many malpractice cases have you handled?
  • What is your success rate?
  • How do you charge (contingency fee, hourly, etc.)?

Note: In Colorado, you typically have two years from the date of the injury (or discovery of the injury) to file a lawsuit, but exceptions apply. Consult an attorney as soon as possible.

4. Obtain a Certificate of Review

Colorado’s requirement: Before filing a medical malpractice lawsuit, Colorado law requires you to obtain a “Certificate of Review.” This certificate must be signed by a qualified medical expert who attests that your claim has merit.

What this means:

  • Your attorney will work with a medical expert to review your case.
  • The expert must be in the same specialty as the doctor you’re suing.
  • The certificate must be filed with your complaint in court.

5. File Your Lawsuit

The process:

  • Your attorney will draft a complaint outlining your allegations and damages.
  • The complaint is filed in the appropriate Denver district court.
  • The doctor and their insurance company will be served with the lawsuit.

What to expect:

  • The defendant (doctor/hospital) will respond, usually denying the allegations.
  • Both sides will enter the “discovery” phase, exchanging evidence and taking depositions.

6. Negotiation and Settlement

Why it happens: Most medical malpractice cases settle out of court. Insurance companies often prefer to avoid the risk and publicity of a trial.

What to know:

  • Your attorney will negotiate on your behalf.
  • Settlements can provide compensation for medical bills, lost wages, pain and suffering, and more.
  • You have the final say on whether to accept a settlement offer.

7. Trial (If Necessary)

If your case goes to trial:

  • Both sides present evidence and arguments.
  • A judge or jury decides if malpractice occurred and what damages to award.
  • Trials can be lengthy and emotionally taxing, but sometimes necessary for fair compensation.

8. Collecting Your Award

After a settlement or verdict:

  • The defendant’s insurance company typically pays the awarded amount.
  • Your attorney’s fees and expenses are deducted from the award.
  • You receive the remaining compensation.

Important Considerations

  • Costs: Medical malpractice cases are expensive. Most attorneys work on a contingency fee basis (they only get paid if you win).
  • Time: Cases can take months or even years to resolve.
  • Emotional toll: Pursuing a lawsuit can be stressful. Support from family, friends, or counselors can help.

Resources for Denver Residents

  • Colorado Bar Association: Offers a lawyer referral service.
  • Colorado Department of Regulatory Agencies (DORA): Handles complaints against healthcare providers.
  • Denver Bar Association: Provides legal resources and referrals.
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