When you walk into a hospital, you trust that the people caring for you are competent, attentive, and following established medical protocols. Most of the time, they are. But when the system breaks down, when a doctor misses a diagnosis, a surgeon makes an avoidable error, or a nurse administers the wrong medication, the consequences can be life-altering.
Key Takeaways
- Misdiagnosis, surgical errors, medication mistakes, and birth injuries are among the most common types of medical malpractice seen in Colorado hospitals.
- Hospital-acquired infections caused by inadequate sanitation or protocol failures can constitute malpractice when they fall below the accepted standard of care.
- Multiple parties may be liable in a hospital malpractice case: the individual doctor, the hospital, nursing staff, anesthesiologists, and even equipment manufacturers.
Medical malpractice in Colorado hospitals takes many forms. Understanding the most common types helps patients recognize when something that happened to them, or to a family member, may not have been an acceptable medical outcome but rather a preventable failure of care.
Misdiagnosis and Delayed Diagnosis
Misdiagnosis is one of the most common and most harmful forms of medical malpractice. A missed or delayed diagnosis of cancer, heart disease, stroke, or infection can mean the difference between a treatable condition and a terminal one.
The harm from misdiagnosis works in two directions:
- The real condition goes untreated, allowing it to progress, spread, or cause permanent damage
- The wrong condition gets treated, exposing the patient to unnecessary medications, procedures, and side effects
Cancer misdiagnosis is among the most devastating. A Stage 1 cancer with a 90%+ survival rate becomes a Stage 3 or Stage 4 diagnosis with dramatically worse outcomes when the initial diagnosis is missed. Heart attacks misdiagnosed as acid reflux or anxiety. Strokes attributed to migraines. Infections dismissed as minor complaints. Each represents a failure to apply the diagnostic standard of care.
Surgical Errors
Surgical errors range from the dramatic to the subtle, and both can cause severe harm:
- Wrong-site surgery: Operating on the wrong knee, wrong eye, or wrong side of the body. These are classified as “never events” because they should never happen with proper protocols.
- Retained surgical instruments: Sponges, clamps, retractors, and other tools left inside the patient after the procedure closes. These can cause infection, pain, internal damage, and require additional surgery to remove.
- Nerve damage: Inadvertent cutting or compression of nerves during surgery can cause chronic pain, numbness, or loss of function in the affected area.
- Anesthesia errors: Administering too much or too little anesthesia, failing to account for drug interactions, or failing to monitor the patient during the procedure can lead to brain damage, awareness during surgery, or death.
- Post-operative complications from negligent technique: Infections from inadequate sterile procedures, excessive blood loss from failure to control bleeding, or organ damage from improper instrument use.
Documentation Warning
Hospitals control the medical records. In some cases, records have been altered, entries delayed, or critical notes omitted after an adverse event. Request copies of your complete medical records as soon as possible. An attorney can also issue a preservation demand to prevent any changes.
Medication Errors
Medication errors occur at every stage of the prescribing and administration process:
- Wrong medication: Prescribing a drug the patient is allergic to or one that interacts dangerously with other medications they are taking
- Wrong dosage: Calculating the dose incorrectly, especially for pediatric patients or patients with kidney or liver impairment
- Wrong route of administration: Giving a medication intravenously when it should have been given orally, or vice versa
- Failure to monitor: Not checking blood levels, kidney function, or other markers for medications that require ongoing monitoring
Electronic medical records and pharmacy systems have reduced some types of medication errors, but they have not eliminated them. Human override of system warnings, poor communication during shift changes, and illegible orders continue to cause preventable harm.
Birth Injuries
Birth injuries are among the most emotionally devastating forms of medical malpractice. When a baby is harmed during labor and delivery due to medical negligence, the effects can last a lifetime:
- Cerebral palsy caused by oxygen deprivation during delivery
- Erb’s palsy from excessive force on the baby’s shoulder during delivery
- Brain damage from delayed emergency cesarean section when fetal distress was evident on monitoring
- Maternal injuries from failure to manage complications like preeclampsia, hemorrhage, or infection
These cases require specialized medical and legal expertise. The standard of care during labor and delivery involves continuous monitoring, timely intervention, and communication among the entire care team.
State Law
Colorado caps non-economic damages in medical malpractice cases at $300,000, with a total cap (economic and non-economic combined) of $1 million. These caps can be exceeded if the court finds the caps are unfair in a specific case, but exceeding them requires a higher evidentiary showing.
Emergency Room Errors
Emergency rooms are high-pressure, high-volume environments where errors are more likely to occur. Common ER malpractice includes:
- Premature discharge of patients who are still at risk
- Failure to order imaging or lab work for patients presenting with serious symptoms
- Misreading X-rays, CT scans, or EKGs
- Inadequate triage that delays treatment for patients with time-sensitive conditions
The challenge with ER malpractice is that emergency physicians often argue they were working under time pressure with limited information. The standard of care accounts for the ER setting but still requires reasonable diagnostic and treatment decisions given the available information.
Hospital-Acquired Infections
Infections acquired during a hospital stay, including MRSA, C. difficile, and surgical site infections, affect hundreds of thousands of patients annually. While not every hospital-acquired infection is malpractice, failures in infection control protocols can create liability:
- Inadequate hand hygiene by staff
- Failure to properly sterilize surgical instruments
- Not following catheter management protocols
- Understaffing that leads to delayed wound care
What Patients Should Do
If you or a family member experienced any of these situations in a Colorado hospital, the first step is to obtain your complete medical records. Do not rely on verbal explanations from the hospital. Request the full chart, including nursing notes, medication administration records, operative reports, and discharge summaries.
Then consult with a medical malpractice attorney who can have the records reviewed by an independent medical expert. Cave Law provides free consultations for potential malpractice cases and will give you an honest assessment of whether your case has merit.
Call (303) 680-9000 to speak with an attorney.
We Can Help.
Get a Free Consultation with Cave Law
Frequently Asked Questions
What is the most common type of medical malpractice?
Misdiagnosis and delayed diagnosis are the most common types of medical malpractice claims. Diagnostic errors account for a significant percentage of malpractice payouts because the consequences of a missed diagnosis, particularly for cancer, heart disease, and stroke, can be severe and irreversible.
Can I sue a hospital for a mistake made by a nurse?
Yes. Hospitals are generally liable for the negligent acts of their employees, including nurses, technicians, and other staff. Under the doctrine of respondeat superior, the hospital is responsible for actions performed within the scope of employment. The hospital may also be directly liable for systemic issues like understaffing or inadequate training.
How do I get my medical records to review for malpractice?
Under Colorado law, you have the right to obtain copies of your medical records. Submit a written request to the hospital’s medical records department. The hospital may charge a reasonable fee for copying. If you have retained an attorney, they can request the records on your behalf and often receive them more quickly and completely.



