Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
When you seek medical care, you trust doctors, nurses, surgeons, and hospitals to provide safe and competent treatment. When that trust is broken by a preventable medical error, the consequences can be devastating. A delayed diagnosis may allow a serious condition to worsen. A surgical mistake can lead to additional procedures and permanent complications. A medication error can cause life-threatening injuries. If you or a loved one was harmed by a healthcare provider in Denver or anywhere in Colorado, you may have the right to seek compensation under Colorado medical malpractice law.
Medical malpractice cases are among the most complex personal injury claims. They require a detailed review of medical records, testimony from qualified experts, and compliance with strict Colorado legal requirements. Hospitals, physicians, and their insurance companies often have substantial resources dedicated to defending these claims. Acting quickly is important because critical deadlines can affect your ability to pursue compensation.
At Frenkel & Frenkel, our Denver medical malpractice lawyers have spent decades helping patients and families hold negligent healthcare providers accountable. We work with respected medical experts, thoroughly investigate what went wrong, and fight for the compensation our clients deserve. We prepare every case as if it will go to trial because meaningful results often require a law firm that is willing to stand up to hospitals and insurance companies in court.
We offer free consultations and handle medical malpractice cases on a contingency fee basis. You pay nothing unless we recover compensation for you.
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KEY TAKEAWAYS
Quick Answer
What Does a Denver Medical Malpractice Attorney Do?
If a doctor, hospital, or other care provider in Denver or Colorado hurt you, a medical malpractice attorney can review your case. We can protect evidence, find a medical expert, and handle court filings and deadlines. We can seek payment for medical bills, lost income, pain and suffering, and future losses. Colorado law is complex: it has Certificate of Review requirements, strict filing deadlines under the Health Care Availability Act, and damage caps. An experienced attorney helps you avoid costly mistakes while you focus on healing.
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To prove a Colorado claim, you must show four things: a doctor-patient relationship, a break in the standard of care, a link between that break and your injury, and real harm.
A bad result alone does not prove malpractice. Medicine is not perfect, and some patients have poor outcomes even with good care. In Colorado, the Certificate of Review and expert testimony help establish whether the doctor or hospital fell below the accepted standard.
Colorado limits non-economic damages (pain and suffering, mental anguish, loss of enjoyment of life) under the Colorado Health Care Availability Act (HCAA). As of January 1, 2026, the non-economic damage cap in medical malpractice cases is $530,000. Under House Bill 24-1472, signed into law on June 3, 2024, this cap is scheduled to increase incrementally through 2030, reaching $875,000.
For wrongful death claims involving medical malpractice, the cap is also scheduled to increase incrementally to $1.575 million by 2030.
Economic losses are not capped. These include past and future medical expenses, lost wages, and loss of earning power. If you need ongoing care or future surgery, those losses may be recovered in full.
Common Questions About Medical Malpractice Claims
What if I Signed a Consent Form Before My Procedure?
Signing a consent form does not automatically end your claim. Consent cannot protect doctors or hospitals from negligence in Colorado. If they failed to meet the standard of care, disclosed incorrect information, or made an unreasonable error, you may still have a valid claim under Colorado law.
Do I Need an Expert Witness for My Medical Malpractice Case?
Yes. Colorado law requires a Certificate of Review supported by a qualified medical expert (C.R.S. sec. 13-20-602). Our firm works with experienced Colorado medical experts to evaluate your case and provide the necessary review and testimony.
Don't Wait — Call (720) 807-3985
Our attorneys have spent decades fighting for patients harmed by medical negligence. We have the experience, knowledge, and resources to take on even the most complex medical malpractice cases against hospitals, healthcare providers, physicians, and other responsible parties.
Our founding attorneys used to defend insurance companies. Now, they use that inside knowledge to fight for injured people like you. We know the tactics companies use, and we know how to counter them.
We have recovered over $1 Billion in settlements and verdicts for our clients. For 16 straight years, our attorneys have been named among the Best Lawyers in Denver.
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Colorado caps on pain and suffering damages have stayed the same since 2003 and are not adjusted for inflation.
Diagnostic errors, including misdiagnosis and delayed diagnosis, are a leading cause of patient harm in Colorado.
The Colorado Department of State Health Services requires hospitals and ambulatory surgery centers to report certain Preventable Adverse Events.
Misdiagnosis and delayed diagnosis of cancer, stroke, heart attack, infections, and other serious conditions.
Surgical malpractice, including wrong-site surgery, retained foreign objects, and preventable surgical complications.
Emergency room errors, including failure to diagnose life-threatening conditions or improper discharge.
Medication errors, including prescribing errors, pharmacy errors, and mistakes in dosage administration.
Anesthesia malpractice during surgery or other procedures.
Birth injuries affecting newborns, including brain injuries, cerebral palsy, Erb's palsy, and hypoxic-ischemic encephalopathy.
Maternal injuries during labor and delivery, including preventable hemorrhage, infection, or surgical complications.
Hospital negligence, including understaffing, poor supervision, failure to follow protocols, and hospital-acquired infections.
Nursing home and long-term care negligence, including pressure sores, falls, and medication mismanagement.
Radiology and pathology errors, including misread imaging results or laboratory specimen errors.
Failure to refer or failure to order needed testing when a condition required specialist review.
Cosmetic and elective procedure errors resulting in permanent injury or disfigurement.
Frenkel & Frenkel handles these cases on a contingency fee basis. You pay nothing up front. You owe no attorney fee unless we recover money for you. We also offer a free initial consultation.
In most cases, you have two years from the date of the negligent act or the end of the related treatment to file a lawsuit in Colorado. For children under 12 at the time of the injury, the deadline extends to the child's 14th birthday. Colorado also has a 10-year statute of repose.
Depending on the facts, you may be able to recover money losses such as past and future medical expenses, lost wages, loss of future earning power, and costs for rehab or long-term care. You may also be able to recover pain and suffering damages for pain and suffering, mental anguish, physical harm, and loss of companionship. Colorado caps pain and suffering damages at $250,000 per doctor and $250,000 per hospital. Money losses are not capped.
No. If you give a recorded statement or accept a settlement before speaking with your own attorney, you could reduce or lose your recovery. Before you speak with any insurance representative, talk with a medical malpractice attorney.
These cases in Colorado are much more complex than standard personal injury claims. They involve special rules, including 60-day pre-suit notice, an expert report that must be filed within 120 days of the defendant's answer, and strict caps on pain and suffering damages. They also require medical knowledge to evaluate and prove.
If you or a loved one had an unexpected outcome, a worse condition, a new injury after a procedure, or any situation that did not feel right, you should speak with an attorney. At Frenkel & Frenkel, we will review what happened, explain whether the standard of care may have been broken, and tell you your options honestly.
Yes. In Colorado, surviving family members may be able to bring a wrongful death claim and/or a survival action for the estate. Wrongful death claims involving medical negligence are subject to their own damage cap under the HCAA, scheduled to increase incrementally to $1.575 million by 2030 under HB 24-1472.
