When a Doctor's Mistake Changes Everything

Medical care is supposed to help you heal. When it causes harm instead — a missed diagnosis, a surgical error, a medication mistake — you're left managing an injury that should never have happened, often while still trying to recover. At The Fields Group, we represent patients and families across Jefferson County and Colorado who have been hurt by medical negligence, and we take these cases to verdict when insurers and hospital systems refuse to do right by you.

What Qualifies as Medical Malpractice in Colorado?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes measurable harm. The standard of care is not perfection — medicine involves judgment calls and uncertainty. But when a provider's conduct falls below what a reasonably competent professional in the same field would have done under the same circumstances, that gap can form the basis of a valid claim.

 

Common forms of medical negligence we handle include:

 

  • Misdiagnosis or delayed diagnosis of cancer, stroke, heart attack, or infection
  • Surgical errors, including wrong-site surgery or damage to surrounding tissue
  • Anesthesia errors before, during, or after a procedure
  • Medication errors — wrong drug, wrong dose, or harmful drug interactions
  • Birth injuries to mother or child caused by negligent obstetric care
  • Failure to order appropriate diagnostic tests
  • Premature discharge or inadequate post-operative monitoring
  • Nursing home neglect and substandard long-term care

Why Medical Malpractice Cases Are Different from Other Injury Claims

These cases require a level of preparation and staying power that most personal injury firms don't have. Medical malpractice defendants — hospitals, physician groups, and their insurers — fight hard. They have experienced defense teams and the resources to drag out litigation for years, counting on claimants to give up or accept a low settlement.

 

Doug Fields has spent 36 years preparing cases for trial across Colorado. That means we build medical malpractice claims from the beginning as if they're going to a jury, not as if they'll settle in mediation. We retain qualified medical experts, conduct thorough discovery, and don't back down when defense counsel applies pressure. If a fair resolution isn't on the table, we try the case.

Colorado's Medical Malpractice Certificate of Review Requirement

Colorado law adds a procedural layer to medical malpractice claims that doesn't exist in most other personal injury cases. Before a case can proceed in court, the plaintiff must file a Certificate of Review — a sworn statement from a licensed professional in the same field confirming that the claim has merit and that the defendant's conduct fell outside accepted standards.

 

This requirement exists to filter out unfounded claims, but it also means your attorney must engage qualified medical experts early in the process, before filing. Missing this step or selecting the wrong expert can derail an otherwise valid claim. We handle this process carefully, identifying the right reviewers and building the expert foundation your case needs from day one.

The Statute of Limitations for Medical Malpractice in Colorado

In Colorado, medical malpractice claims are generally subject to a two-year statute of limitations, running from the date you discovered — or reasonably should have discovered — the injury and its connection to medical negligence. An absolute three-year cap applies regardless of discovery in most circumstances, with limited exceptions for cases involving minors or fraudulent concealment.

 

These deadlines are unforgiving. Waiting too long, even by a short period, can permanently bar an otherwise valid claim. If you believe you or a family member was harmed by medical negligence, the time to speak with an attorney is now — not after you've exhausted other options.

What Your Case May Be Worth

Medical malpractice damages in Colorado can include compensation for medical expenses — past and future — lost income and earning capacity, physical pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving wrongful death caused by medical negligence, surviving family members may have separate claims for their own losses.

 

Colorado does cap noneconomic damages in medical malpractice cases, currently set at $300,000 with a possible increase to $1,000,000 if the court finds clear and convincing evidence that the cap would be unjust. Economic damages — medical costs and lost wages — are not capped. Understanding how these limits apply to your specific facts requires careful analysis, which is part of every case evaluation we conduct.

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Common FAQs

Medical Malpractice Questions We Hear Often

  • How do I know if I have a valid medical malpractice claim?

    A valid claim requires three things: a provider failed to meet the accepted standard of care, that failure directly caused your injury, and the injury resulted in measurable damages. The only way to know for certain is to have an attorney review your records and circumstances — which we do at no charge.

  • How long do I have to file a medical malpractice claim in Colorado?

    Generally two years from the date you discovered — or should have discovered — the injury and its connection to negligence. An absolute three-year limit applies in most cases regardless of when you found out. If a minor is involved, different rules may apply. Don't assume you have more time than you do — contact us as soon as possible.

  • What does it cost to hire a medical malpractice attorney?

    Nothing upfront. We handle all medical malpractice cases on contingency, meaning our fee is a percentage of the recovery. We also front all litigation expenses — expert fees, filing costs, record retrieval — and recover those only if we win. If we don't recover, you owe nothing.

  • Will my case go to trial?

    Most cases resolve before trial, but we prepare every case as if it will go to a jury. That preparation is what produces meaningful settlements. If a fair offer isn't made, we try the case — Doug has 36 years of trial experience across Colorado, including in Jefferson County.

  • Can I still pursue a claim if a loved one died due to medical negligence?

    Yes. Colorado's wrongful death statute allows surviving family members to bring a claim when negligence causes a death. Separately, the estate may have its own claims. These cases involve their own procedural requirements and deadlines, so it's important to speak with an attorney promptly.

  • What if a larger firm already turned down my case?

    We evaluate cases independently. Larger firms sometimes decline cases that don't fit their volume model or that require more litigation investment than they're willing to commit. We take on cases we believe in and build them for trial — a rejection elsewhere doesn't mean your case lacks merit.