Colorado Medical Malpractice Complaint

COLORADO MEDICAL MALPRACTICE COMPLAINT

Table of Contents

1. Court Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Statute of Limitations and Compliance
6. Factual Allegations
7. Standard of Care
8. First Claim — Medical Negligence (Professional Negligence)
9. Second Claim — Lack of Informed Consent
10. Third Claim — Negligent Hiring, Supervision, and Retention
11. Fourth Claim — Vicarious Liability / Respondeat Superior
12. Fifth Claim — Wrongful Death (if applicable)
13. Sixth Claim — Loss of Consortium (if applicable)
14. Damages
15. Damage Caps and Reservations
16. Certificate of Review Notice
17. Prayer for Relief
18. Jury Demand
19. Verification (if required)
20. Signature Block
21. Sources and References

1. Court Caption

DISTRICT COURT, [COUNTY] COUNTY, COLORADO

Court Address: [____________________________]

COMPLAINT AND JURY DEMAND

2. Introduction

COMES NOW the Plaintiff(s), [PLAINTIFF NAME], by and through undersigned counsel, and for cause of action against the above-named Defendants, allege as follows:

1. This is a civil action for damages arising from the professional negligence of one or more licensed health care professionals and institutions, brought pursuant to the Colorado Health Care Availability Act, C.R.S. § 13-64-101, et seq., and the Colorado common law of negligence.

2. On or about [DATE OF MALPRACTICE], Defendants breached the applicable standard of care in their evaluation, diagnosis, and/or treatment of Plaintiff [or Plaintiff's decedent], proximately causing [INJURY/DEATH] and the damages alleged herein.

3. Parties

3. Plaintiff [NAME] is an individual residing at [ADDRESS] in [COUNTY], Colorado, and at all times relevant hereto was a patient of one or more of the Defendants.

☐ Plaintiff sues individually.
☐ Plaintiff sues as the duly appointed Personal Representative of the Estate of [DECEDENT NAME], pursuant to Letters Testamentary issued by [PROBATE COURT] on [DATE].
☐ Plaintiff sues as a statutory heir under C.R.S. § 13-21-201.

4. Defendant [PHYSICIAN NAME], M.D., is a physician licensed to practice medicine in the State of Colorado under license number [#], with a principal place of practice at [ADDRESS] in [COUNTY], Colorado. At all times relevant, Dr. [NAME] was acting within the course and scope of his/her employment, agency, or apparent agency with Defendant [EMPLOYER].

5. Defendant [HOSPITAL/FACILITY NAME] is a [Colorado nonprofit/corporation/limited liability company] licensed by the Colorado Department of Public Health and Environment to operate a [hospital/ambulatory surgical center/clinic] at [ADDRESS] in [COUNTY], Colorado.

6. Defendant [PROFESSIONAL CORPORATION] is a Colorado [professional corporation/limited liability company] organized under the Colorado Corporations and Associations Act, with its principal place of business at [ADDRESS].

7. Defendants John/Jane Does 1–10 are presently unknown health care providers, employees, agents, contractors, and/or entities whose acts or omissions contributed to the injuries alleged. Plaintiffs reserve the right to amend this Complaint upon discovery of their identities.

4. Jurisdiction and Venue

8. This Court has subject-matter jurisdiction pursuant to Colo. Const. art. VI, § 9, and C.R.S. § 13-1-124, because the amount in controversy exceeds the jurisdictional minimum and the action is for damages arising from torts committed in this State.

9. Venue is proper in [COUNTY] County pursuant to C.R.C.P. 98(c) because the tort was committed in [COUNTY] County and/or one or more Defendants reside or maintain principal places of business in [COUNTY] County.

5. Statute of Limitations and Compliance

10. This action is timely filed within the two-year statute of limitations imposed by C.R.S. § 13-80-102.5(1), which runs from the date the injury and its cause are known or should have been known by the exercise of reasonable diligence.

11. ☐ Plaintiff first knew, or in the exercise of reasonable diligence first should have known, of the injury and its cause on [DATE OF DISCOVERY], which is within two years of the filing of this Complaint.

12. ☐ This action is also filed within the three-year statute of repose of C.R.S. § 13-80-102.5(2), which runs from the date of the act or omission. [OR] This action is exempt from the statute of repose under C.R.S. § 13-80-102.5(3) because:
    - ☐ The act or omission was knowingly concealed by the health care professional;
    - ☐ The act or omission consisted of leaving an unauthorized foreign object in the body of the patient;
    - ☐ The injured person was under the age of majority at the time of the act or omission and the action is filed within the tolling period of C.R.S. § 13-81-103.

13. Plaintiff has complied, or will comply, with the Certificate of Review requirement of C.R.S. § 13-20-602 by filing a Certificate of Review within sixty (60) days of service of this Complaint, unless the Court extends that period for good cause.

14. ☐ This action does not implicate any pre-suit notice requirement, as Colorado does not require pre-suit notice of intent for actions against private health care providers. [OR] ☐ Plaintiff has complied with the notice requirements of the Colorado Governmental Immunity Act, C.R.S. § 24-10-109, with respect to any public-entity Defendant, by serving written notice within 182 days of discovery on [DATE].

6. Factual Allegations

A. Patient Background

15. At all times relevant, Plaintiff [PATIENT NAME] was [AGE] years old and presented to Defendants with a medical history of [CONDITIONS], a chief complaint of [SYMPTOMS], and the following relevant findings: [VITALS / IMAGING / LABS].

B. Physician–Patient Relationship

16. On or about [DATE], a physician–patient relationship was formed between Plaintiff and Defendant [PHYSICIAN] when Plaintiff sought medical care at [FACILITY] for [CHIEF COMPLAINT]. Defendant [PHYSICIAN] undertook to evaluate, diagnose, and/or treat Plaintiff and thereby assumed a duty to render care consistent with the applicable standard of care.

C. Course of Treatment

17. Between [START DATE] and [END DATE], Defendant [PHYSICIAN] and other agents/employees of Defendant [FACILITY] provided the following care: [DESCRIBE EACH MATERIAL ENCOUNTER, ORDER, MEDICATION, PROCEDURE, AND CLINICAL DECISION].

18. During the course of treatment, the following critical findings or warning signs were [present / overlooked / misinterpreted]: [DETAILS].

D. The Negligent Act(s) or Omission(s)

19. On or about [DATE OF NEGLIGENCE], Defendant [PHYSICIAN] and/or Defendant [FACILITY], by and through its agents and employees:

a. ☐ Failed to timely diagnose [CONDITION];
b. ☐ Failed to order appropriate diagnostic testing, including [TESTS];
c. ☐ Misinterpreted [IMAGING/LABORATORY/PATHOLOGY] results;
d. ☐ Failed to communicate critical findings to the treating team and/or the patient;
e. ☐ Performed [PROCEDURE] in a manner that deviated from the standard of care, specifically by [DETAIL];
f. ☐ Prescribed and/or administered [MEDICATION] in a contraindicated dose, route, or combination;
g. ☐ Failed to obtain informed consent for [PROCEDURE/TREATMENT] by failing to disclose [MATERIAL RISKS];
h. ☐ Failed to monitor [PATIENT STATUS] postoperatively or after [PROCEDURE];
i. ☐ Failed to recognize and respond to [SIGNS OF DETERIORATION];
j. ☐ Failed to consult appropriate specialists, including [SPECIALTY];
k. ☐ Discharged Plaintiff prematurely and without adequate follow-up instructions;
l. ☐ [OTHER SPECIFIC DEVIATIONS].

E. Resulting Injury

20. As a direct and proximate result of the foregoing negligence, Plaintiff suffered: [DESCRIBE INJURIES — anatomical, physiological, functional, psychological, including any permanent impairment, disfigurement, or death].

21. Had Defendants complied with the applicable standard of care, Plaintiff's injury would, with reasonable medical probability, have been avoided or substantially mitigated.

7. Standard of Care

22. At all times relevant, Defendant [PHYSICIAN] held himself/herself out as a [SPECIALTY] physician, board-certified by the [BOARD], and was required to render care consistent with the standard of care of a reasonably careful [SPECIALTY] physician under the same or similar circumstances. See CJI-Civ. 15:1; Greenberg v. Perkins, 845 P.2d 530 (Colo. 1993).

23. Defendant [HOSPITAL/FACILITY] was required to render institutional care, including credentialing, supervision, nursing care, equipment, and policies, consistent with the standard of care of a reasonably careful health care institution under the same or similar circumstances.

24. The applicable standard of care is established by the testimony of qualified expert witnesses meeting the requirements of C.R.S. § 13-64-401, who practice in the same or substantially similar specialty as Defendants and possess substantial familiarity with the standards of care and practice as they relate to the acts and omissions at issue.

8. First Claim for Relief — Medical Negligence (Professional Negligence)

(Against All Defendants)

25. Plaintiffs incorporate by reference paragraphs 1–24 above.

26. Defendants owed Plaintiff a duty to render care consistent with the applicable standard of care.

27. Defendants breached that duty by the acts and omissions described above.

28. Defendants' breaches were the proximate cause of Plaintiff's injuries and damages.

29. Plaintiff has incurred and will continue to incur economic and noneconomic damages in amounts to be proven at trial.

9. Second Claim for Relief — Lack of Informed Consent

(Against Defendant [PHYSICIAN] and [FACILITY])

30. Plaintiffs incorporate by reference paragraphs 1–29 above.

31. Prior to performing [PROCEDURE/TREATMENT] on [DATE], Defendant [PHYSICIAN] failed to disclose material risks, alternatives, and reasonably foreseeable consequences, including but not limited to: [RISKS/ALTERNATIVES NOT DISCLOSED].

32. Had Plaintiff been informed of these material risks and alternatives, a reasonable patient in Plaintiff's position would not have consented to the procedure or would have selected a less risky alternative. See Gorab v. Zook, 943 P.2d 423 (Colo. 1997).

33. As a direct and proximate result of the lack of informed consent, Plaintiff suffered the injuries and damages alleged herein.

10. Third Claim for Relief — Negligent Hiring, Supervision, Retention, and Credentialing

(Against Defendant [HOSPITAL/FACILITY])

34. Plaintiffs incorporate by reference paragraphs 1–33 above.

35. Defendant [FACILITY] owed Plaintiff a non-delegable duty to credential, supervise, and retain only those providers fit to provide care to its patients.

36. Defendant [FACILITY] knew or should have known, at the time of credentialing or thereafter, that [PHYSICIAN] presented an unreasonable risk of harm to patients by virtue of [PRIOR INCIDENTS / DISCIPLINARY HISTORY / KNOWN DEFICIENCIES], and failed to take appropriate remedial action.

37. Defendant [FACILITY]'s breach of this duty was a proximate cause of Plaintiff's injuries.

11. Fourth Claim for Relief — Vicarious Liability / Respondeat Superior

(Against Defendants [FACILITY] and [PROFESSIONAL CORPORATION])

38. Plaintiffs incorporate by reference paragraphs 1–37 above.

39. At all times relevant, Defendant [PHYSICIAN] and the other agents and employees identified herein were acting within the course and scope of their employment, actual agency, and/or apparent agency with Defendants [FACILITY] and [PROFESSIONAL CORPORATION].

40. Defendants [FACILITY] and [PROFESSIONAL CORPORATION] are therefore vicariously liable for the negligent acts and omissions of their agents and employees pursuant to the doctrine of respondeat superior and C.R.S. § 13-21-111.5(4).

12. Fifth Claim for Relief — Wrongful Death (if applicable)

(Against All Defendants)

41. Plaintiffs incorporate by reference paragraphs 1–40 above.

42. As a direct and proximate result of Defendants' negligence, Plaintiff's decedent, [DECEDENT NAME], died on [DATE OF DEATH].

43. Plaintiff brings this claim pursuant to C.R.S. § 13-21-201 et seq., in his/her capacity as [SPOUSE/HEIR/DESIGNATED BENEFICIARY/PERSONAL REPRESENTATIVE].

44. Plaintiff and the statutory beneficiaries have suffered economic and noneconomic damages, including loss of earnings, loss of household services, loss of companionship, grief, and loss of consortium, in amounts to be determined by the finder of fact and subject to the wrongful-death medical-malpractice cap of C.R.S. § 13-64-302 (HB 24-1472 schedule).

13. Sixth Claim for Relief — Loss of Consortium (if applicable)

(By Plaintiff [SPOUSE NAME] Against All Defendants)

45. Plaintiffs incorporate by reference paragraphs 1–44 above.

46. At all times relevant, Plaintiff [SPOUSE NAME] was lawfully married to [INJURED PARTY/DECEDENT].

47. As a direct and proximate result of Defendants' negligence, Plaintiff [SPOUSE NAME] has been deprived of the love, affection, society, companionship, services, and consortium of [INJURED PARTY/DECEDENT].

14. Damages

48. As a direct and proximate result of Defendants' negligence, Plaintiff has sustained the following damages:

a. Economic damages, including past and future medical, hospital, surgical, rehabilitative, pharmaceutical, custodial, and home-health expenses; past and future lost earnings and lost earning capacity; out-of-pocket expenses; and loss of household services. Economic damages are not capped under C.R.S. § 13-64-302.

b. Noneconomic damages, including past and future pain and suffering, mental anguish, emotional distress, inconvenience, loss of enjoyment of life, impairment of the quality of life, and loss of consortium, subject to the noneconomic damages cap of C.R.S. § 13-64-302.

c. Damages for permanent physical impairment and disfigurement, which are recoverable independently of and in addition to noneconomic damages under Colorado law. See Preston v. Dupont, 35 P.3d 433 (Colo. 2001).

d. Wrongful death damages under C.R.S. § 13-21-203 (if applicable), subject to the wrongful-death medical-malpractice cap of C.R.S. § 13-64-302.

e. Pre- and post-judgment interest pursuant to C.R.S. § 13-21-101.

f. Costs as allowed by C.R.S. § 13-16-104 and C.R.C.P. 54(d).

15. Damage Caps and Reservations

49. Plaintiff acknowledges that this action is subject to the noneconomic and total damages caps imposed by C.R.S. § 13-64-302, as amended by HB 24-1472 (effective January 1, 2025), which establishes the following statutory schedule (verify current year amounts):

50. Plaintiff reserves the right to seek damages in excess of the statutory caps upon a showing of good cause and/or upon a finding of permanent physical impairment, pursuant to C.R.S. § 13-64-302(1)(b), and reserves the constitutional challenges preserved in Garhart v. Columbia/Healthone, LLC, 95 P.3d 571 (Colo. 2004).

51. Plaintiff acknowledges that under C.R.S. § 13-21-111, recovery is barred if Plaintiff's comparative fault is 50% or greater, and that under C.R.S. § 13-21-111.5, liability among multiple Defendants is several and pro rata, except where joint liability is statutorily preserved (e.g., conspiracy, vicarious liability, concert of action).

52. Plaintiff acknowledges the collateral source rule of C.R.S. § 13-21-111.6 and reserves all rights thereunder.

53. Plaintiff acknowledges that under C.R.S. § 13-25-135, statements of apology, sympathy, commiseration, fault, mistake, or error made by Defendants relating to an unanticipated outcome of medical care are inadmissible as evidence of liability or admission against interest.

54. ☐ Plaintiff does not seek exemplary (punitive) damages at this time. [OR] ☐ Plaintiff reserves the right to amend this Complaint to add a claim for exemplary damages pursuant to C.R.S. § 13-21-102 after the initial disclosures and the establishment of prima facie proof of willful and wanton conduct, as required by that statute. Any exemplary damages award is capped at the amount of compensatory damages, subject to the limited statutory exceptions.

16. Certificate of Review Notice

55. Pursuant to C.R.S. § 13-20-602, a Certificate of Review will be filed with this Court within sixty (60) days of service of this Complaint upon each Defendant who is a licensed professional, attesting that undersigned counsel has consulted with one or more experts who:

a. Possess expertise in the area of the alleged negligent conduct;
b. With respect to physician Defendants, satisfy the qualifications of C.R.S. § 13-64-401;
c. Have reviewed the known facts, including such records, documents, and other materials as the experts deemed relevant; and
d. Have concluded that the filing of this claim does not lack substantial justification within the meaning of C.R.S. § 13-17-102(4).

17. Prayer for Relief

WHEREFORE, Plaintiff(s) respectfully request that this Court enter judgment in their favor and against Defendants, jointly and severally where permitted by law, and severally pro rata where required by C.R.S. § 13-21-111.5, for:

A. Economic damages in an amount to be proven at trial;

B. Noneconomic damages, subject to the cap of C.R.S. § 13-64-302;

C. Damages for permanent physical impairment and disfigurement;

D. Wrongful death damages, subject to the cap of C.R.S. § 13-64-302 (if applicable);

E. Loss of consortium damages (if applicable);

F. Pre-judgment interest pursuant to C.R.S. § 13-21-101;

G. Post-judgment interest pursuant to C.R.S. § 5-12-102;

H. Costs of suit, expert fees as taxable, and reasonable attorney fees as allowed by law;

I. Such other and further relief as the Court deems just and proper.

18. Jury Demand

Pursuant to C.R.C.P. 38, Plaintiff hereby demands a trial by jury of six (6) [or twelve (12) by stipulation] on all issues so triable. The jury fee accompanies this Complaint.

19. Verification (if required)

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Colorado that I have read the foregoing Complaint and that the factual allegations therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Colorado.

____________________________
[PLAINTIFF NAME]

20. Signature Block

Respectfully submitted this [___] day of [__________], 20[__].

____________________________
[ATTORNEY NAME], Atty. Reg. # [_____]
[FIRM NAME]
[STREET ADDRESS]
[CITY], CO [ZIP]
Telephone: [(___) ___-____]
Email: [____________]
Attorney for Plaintiff(s)

Plaintiff's Address:
[PLAINTIFF MAILING ADDRESS]

21. Sources and References

• HB 24-1472, "Raise Damage Limit Tort Actions" (Colo. 2024) — https://leg.colorado.gov/bills/hb24-1472
• C.R.S. § 13-64-101 et seq. (Health Care Availability Act)
• C.R.S. § 13-64-302 (Limitation of liability) — https://colorado.public.law/statutes/crs_13-64-302
• C.R.S. § 13-64-401 (Expert qualifications)
• C.R.S. § 13-20-602 (Certificate of Review) — https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-20-602/
• C.R.S. § 13-80-102.5 (Statute of limitations — medical malpractice)
• C.R.S. § 13-21-102 (Exemplary damages)
• C.R.S. § 13-21-111 (Comparative negligence — 50% bar)
• C.R.S. § 13-21-111.5 (Pro rata liability)
• C.R.S. § 13-21-111.6 (Collateral source)
• C.R.S. § 13-25-135 (Apology statute)
• C.R.S. § 13-21-201 et seq. (Wrongful Death Act)
• Garhart v. Columbia/Healthone, LLC, 95 P.3d 571 (Colo. 2004) (upholding HCAA caps)
• Preston v. Dupont, 35 P.3d 433 (Colo. 2001) (impairment damages outside noneconomic cap)
• Greenberg v. Perkins, 845 P.2d 530 (Colo. 1993) (standard of care)
• Gorab v. Zook, 943 P.2d 423 (Colo. 1997) (informed consent)
• Colorado Civil Jury Instructions 4th, ch. 15 (Professional Liability)
• C.R.C.P. 8, 9, 10, 38, 54, 98
• Colorado Candor Act, C.R.S. § 25-51-101 et seq.