Medical Malpractice Law

Who Can Be Held Accountable For The Medical Malpractice?

Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation or institution licensed by the state to provide healthcare, medical services, nursing services or other health care services. A claim can be brought against physicians, dentists, nurses, therapists, hospitals, and pharmacists, among others. A physician commits medical malpractice if he fails to act in the same manner a reasonably careful physician in the same field of medicine would act under the same circumstances. Nurses, therapists and other health care providers, and the hospitals or clinics they work for, can be held responsible for their failure to meet accepted standards of care in their particular field.

In Colorado, hospitals are generally not liable for the negligence of independently contracted physicians. Colorado courts have also held that a physician rather than a hospital is liable for the nurses working under his control and the anesthesiologist he selected.

In general, public entities are immune from liability; however, they may be held liable for injuries resulting from the operation of a public hospital. A public entity is liable for its employees acts or omissions within the scope of their employment, but not if the acts were willful or wanton.