When you visit a doctor, hospital, or other healthcare provider, you expect to receive appropriate care. Unfortunately, medical treatment does not always go as planned. Sometimes, a poor outcome is an unavoidable complication. In other situations, a healthcare professional’s actions may fall below the accepted standard of care and cause preventable harm.
Knowing the difference can be difficult, especially when you are dealing with an injury, worsening condition, or unexpected medical complications. If you believe something went wrong during your medical treatment, certain warning signs may indicate that it is worth discussing your situation with a medical malpractice lawyer.
Here are seven signs that may indicate you have a potential medical malpractice case in Colorado.
1. Your Healthcare Provider Made a Serious Error
Medical professionals are expected to provide care that meets applicable professional standards. A mistake does not automatically mean malpractice, but a serious error that causes preventable harm may warrant further investigation.
Examples can include:
Performing a procedure on the wrong body part
Administering the wrong medication or dosage
Making a significant treatment error
Failing to properly monitor a patient
Failing to follow appropriate procedures
Making an avoidable mistake during surgery
The important question is not simply whether something went wrong. A potential malpractice claim generally requires examining whether the healthcare provider’s conduct fell below the applicable standard of care and whether that conduct caused injury or damages. A medical negligence attorney can review the circumstances and help determine whether the facts may support a claim.
2. Your Diagnosis Was Delayed or Missed
A delayed or incorrect diagnosis can sometimes have serious consequences. For example, if a healthcare provider fails to recognize symptoms of a serious condition and the delay allows that condition to worsen, you may wonder whether the outcome could have been avoided with appropriate care. Not every missed diagnosis constitutes medical malpractice. Some medical conditions can be difficult to diagnose, and reasonable healthcare professionals may reach different conclusions.
However, concerns may arise when a provider fails to order appropriate tests, ignores important symptoms, misinterprets relevant information, or fails to follow up on abnormal results. If you experienced additional harm because a condition was not diagnosed or treated appropriately, speaking with a medical malpractice lawyer may help you understand whether further investigation is appropriate.
3. You Were Given the Wrong Medication or Treatment
Medication errors can happen at different stages of medical care. A healthcare professional may prescribe the wrong medication, provide an incorrect dosage, fail to account for a known allergy, or overlook a potentially serious interaction with another medication. Similarly, a patient may receive treatment that is inappropriate for their condition.
A medication or treatment error does not automatically establish negligence. The circumstances surrounding the decision, the applicable standard of care, and the resulting injury all matter. If an error caused a significant injury, hospitalization, worsening condition, or other measurable harm, consider preserving your medical records and discussing the situation with an attorney.
4. You Experienced an Unexpected Surgical Injury
Surgery always carries some level of risk, and complications can occur even when a procedure is performed appropriately. However, certain circumstances may raise questions about whether the injury resulted from negligence.
For example, concerns may arise when there is evidence of:
An avoidable surgical error
Failure to properly monitor the patient
Improper use of surgical equipment
Failure to respond appropriately to complications
A preventable infection
A procedure performed incorrectly
The fact that you experienced a complication does not necessarily mean that malpractice occurred. A qualified attorney can review the available information and determine whether the circumstances justify a more detailed investigation.
5. Your Condition Became Worse Because of Inadequate Care
Another potential warning sign is when your condition significantly worsens following treatment and there are reasons to believe the deterioration could have been prevented. For instance, a healthcare provider may fail to recognize warning signs, fail to provide appropriate follow-up care, or fail to respond promptly when a patient’s condition changes.
In these situations, documentation can be especially important. Medical records, test results, prescriptions, discharge instructions, appointment records, and communications with healthcare providers may help establish what happened and when. If you believe inadequate care contributed to a serious worsening of your condition, a medical negligence attorney can help you understand what evidence may be relevant to a potential claim.
6. You Were Not Properly Informed About the Risks of Treatment
Patients generally have the right to receive information about proposed medical treatment so they can make informed decisions about their care. This may include information about significant risks, alternatives, and other relevant considerations depending on the circumstances. A dispute may arise when a patient claims they were not adequately informed about a significant risk before undergoing a procedure or treatment.
However, informed-consent issues can be legally complex. The fact that an unexpected complication occurred does not by itself establish that informed consent was inadequate. If you believe you were not given important information that would have affected your decision about treatment, an attorney can evaluate the specific circumstances.
7. Another Medical Professional Raises Concerns About Your Treatment
Sometimes, a second medical opinion can reveal that something about your previous treatment deserves closer attention. For example, another healthcare provider may tell you that a diagnosis was significantly delayed, a procedure was performed incorrectly, or a different course of treatment should have been considered.
A second opinion does not automatically prove medical malpractice. Healthcare professionals can reasonably disagree about diagnosis and treatment. However, if another provider identifies a potentially serious error and you suffered harm as a result, it may be worthwhile to obtain your complete medical records and discuss the situation with a medical malpractice lawyer.
What Must Be Proven in a Medical Malpractice Case?
Recognizing one or more of these signs does not automatically mean you have a successful malpractice claim. A medical malpractice case generally requires examining several important issues, including the applicable standard of care, whether the healthcare provider departed from that standard, whether the departure caused the injury, and what damages resulted.
This is one reason medical malpractice cases can be more complicated than ordinary personal injury claims. Medical records, expert opinions, treatment history, diagnostic information, and other evidence may all be important when determining whether negligence occurred. An attorney can review the available evidence and explain whether additional investigation or expert evaluation may be necessary.
What Is the Difference Between Medical Negligence and Medical Malpractice?
The terms “medical negligence” and “medical malpractice” are often used interchangeably, but they can have different meanings depending on the legal context. Medical negligence generally refers to a healthcare professional’s failure to provide the level of care expected under the circumstances.
Medical malpractice is a legal claim involving alleged negligence or other actionable conduct by a healthcare provider that results in harm. In either situation, simply being unhappy with a medical outcome is not enough. A poor result can happen even when a healthcare professional provides appropriate care. The key issue is whether the provider’s conduct was negligent and whether that negligence caused compensable harm.
What Evidence Can Help Support a Medical Malpractice Claim?
If you believe you may have been harmed because of negligent medical care, preserving evidence can be important.
Consider keeping copies of:
Medical records
Diagnostic test results
Prescription records
Hospital and treatment bills
Appointment records
Discharge instructions
Written communications with healthcare providers
Photographs documenting physical injuries when appropriate
Information about missed work or other financial losses
You should also keep a written record of your treatment, symptoms, procedures, and how your condition changed over time. Do not alter or remove information from your medical records. Instead, request complete copies from the relevant healthcare providers or facilities.
How Long Do You Have to File a Medical Malpractice Claim in Colorado?
Colorado has specific time limits for medical or healthcare negligence claims. Under C.R.S. § 13-80-102.5, an action involving negligence, breach of contract, lack of informed consent, or another qualifying claim against a healthcare institution or healthcare professional generally must be filed within two years after the claim accrues, subject to statutory exceptions. The statute also generally provides a three-year outside limit from the act or omission that caused the claim, again subject to exceptions.
Certain circumstances can affect these deadlines, including situations involving concealment, foreign objects left in the body, or cases where the injury and its cause could not reasonably have been known. Because the applicable deadline depends on the specific facts of a case, it is important not to assume you have unlimited time to investigate a potential claim. If you believe medical negligence caused you harm, consider speaking with an attorney as soon as reasonably possible.
What Should You Do If You Suspect Medical Malpractice?
If you believe something went wrong with your medical treatment, try not to make assumptions about the legal outcome before the facts have been reviewed. Start by obtaining copies of your medical records and documenting what happened. You may also want to seek an independent medical opinion regarding your current condition and treatment needs.
Avoid destroying, altering, or discarding documents related to your treatment. Most importantly, do not delay getting legal advice simply because you are unsure whether your situation qualifies as malpractice. A medical malpractice lawyer can review the facts, explain the legal requirements, and help determine whether further investigation is appropriate.
Talk to a Medical Malpractice Lawyer About Your Case
Suspecting that a medical mistake caused your injury can be overwhelming. You may be dealing with additional medical treatment, unexpected expenses, lost income, and uncertainty about what happened. You do not have to determine on your own whether your experience qualifies as medical malpractice.
A legal professional can review your medical records, investigate the circumstances surrounding your treatment, and explain your options. If you believe negligent medical care caused you harm, contact 5280 Injury Law to discuss your situation and learn more about your legal options.
Frequently Asked Questions (FAQs)
What are the most common signs of medical malpractice?
Potential warning signs may include a serious medical error, delayed diagnosis, medication mistakes, preventable surgical injuries, inadequate follow-up care, problems with informed consent, or concerns raised by another healthcare professional. However, none of these signs alone proves malpractice.
Does a bad medical outcome mean I have a malpractice case?
No. Medical treatment can have complications even when appropriate care is provided. A potential malpractice claim generally requires evidence that the healthcare provider failed to meet the applicable standard of care and that the failure caused harm.
Should I get a second medical opinion after suspected malpractice?
A second medical opinion may help you understand your current condition and whether additional treatment is necessary. It may also provide useful information about what happened, although a different medical opinion alone does not establish negligence.
How long do I have to file a medical malpractice claim in Colorado?
Colorado’s medical or healthcare claims statute generally provides a two-year period after the claim accrues, with a three-year outside limit from the underlying act or omission, subject to statutory exceptions. Because exceptions can apply, consult an attorney about your specific circumstances rather than relying on a general deadline.
What does a medical malpractice lawyer do?
A medical malpractice lawyer can investigate the circumstances of your treatment, review medical records, identify potential negligence, work with appropriate experts, calculate damages, communicate with the responsible parties or insurers, and pursue a claim when the evidence supports doing so.
