It is typical to believe that you will receive the best care possible when you walk into a hospital or doctor's office. You entrust your health and lives to medical professionals without anticipating that anything wrong could happen to you. Unfortunately, medical errors do happen from time to time. You deserve compensation for all the costs caused by a healthcare provider’s mistake.

Filing a medical malpractice lawsuit involves a complex process. Our team of experienced attorneys at Downs, McDonough, Cowan & Foley can help guide you through the process and build your case from the ground up. We pride ourselves on our experience, community connections, and accessibility. Downs, McDonough, Cowan & Foley are proud to advocate for clients in Durango, Colorado, Telluride, Pagosa Springs, Cortez, and the Four Corners.



Medical Malpractice in Colorado

Medical Malpractice blooms from a healthcare provider or a doctor acting negligent, failing to take care of your health, and making matters worse than before. In addition, negligence puts the healthcare provider at fault, which means if you were a victim of medical malpractice, you could hold the responsible party accountable and pursue compensation.

For example, if a surgeon does not realize that there is a foreign object left in a patient’s body, it is possible to proceed with a medical malpractice lawsuit. Often, the mistake is not as obvious. You must consult with our experienced medical malpractice attorneys to discuss the details of your case.

Statute of Limitations

The statute of limitations is the deadline for when a lawsuit must be filed in court. For medical malpractice lawsuits in Colorado, the statute of limitations is complex. Generally speaking, you have two years after the date when a medical provider made an error to file the lawsuit.

However, this is not always the case. For example, if a surgeon left a foreign object in your body, and you reasonably could not discover the harm until more than two years after the mistake, then you have three years to file the malpractice lawsuit.

The statute of limitations is also different for minors and other specific situations. You must speak with our knowledgeable Colorado medical malpractice attorneys to determine how the law applies in your case.

Who Can Be Sued for Medical Malpractice?

Many people believe that only doctors can be sued for medical malpractice; however, that is not true. Any healthcare provider who had a duty of care and yet inflicted harm can be held accountable. 

Affidavit of Qualified Healthcare Provider

If you are filing a medical malpractice lawsuit in Colorado, you must obtain a certificate of review. This document is from a medical professional in the same specialty as the healthcare provider who inflicted harm. The certificate of review declares that the lawsuit you are filing does not lack substantial justification. The certificate of review must be signed by your lawyer.

Our knowledgeable medical malpractice attorneys can help you obtain a certificate of review and file it with the court.

Basic Elements of a Claim

To file a claim against a healthcare professional, who did not fulfill a duty of care, the following basic requirements must be met.

You must prove that you were the patient of the healthcare provider and that the healthcare provider acted with medical negligence. You must also prove that negligence led to an injury, causing damages. If you are uncertain whether your situation meets these requirements, speak with our medical malpractice attorneys.

Damages Available

The compensation for damages caused by the healthcare provider’s negligence is called damages. In Colorado, you can receive up to $1,000,000 total in damages, including up to $300,000 in noneconomic damages. 

In general, damages are compensation for both past and future medical bills, lost income, and the loss of future income due to a reduced earning capacity caused by your injury. Noneconomic damages are awarded for pain and suffering (including suffering due to physical impairment and disfigurement), anxiety, sleeplessness, fear, and other noneconomic consequences.


A healthcare provider’s mistake could affect your health for the rest of your life. Seek the compensation you deserve with the help of our experienced medical malpractice attorneys. Our firm is dedicated to helping our community and reviewing each client's unique situation. Downs, McDonough, Cowan & Foley are proud to represent clients in Durango, Colorado, Telluride, Pagosa Springs, Cortez, and the Four Corners. Contact us today to schedule a free consultation.