Hospital Infections in Colorado
Average Settlement: $250,000 - $700,000 | Statute: 2 years from the date of the act giving rise to the claim
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Colorado Medical Malpractice Laws
Statute of Limitations
2 years from the date of the act giving rise to the claim
Damage Cap
$300,000 non-economic damages (adjusted for inflation; approximately $468,000 as of recent adjustments). Total damages capped at $1,000,000 (adjusted).
Discovery Rule
Colorado applies the discovery rule, but it is subject to a hard 3-year statute of repose from the act or omission.
Pre-Filing Requirements
Plaintiffs must file a certificate of review from a qualified expert within 60 days of filing the complaint.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Colorado requires a certificate of review from a qualified expert to be filed within 60 days of the complaint.
- ✓The state follows a modified comparative fault system with a 50% bar — plaintiffs 50% or more at fault are barred.
- ✓Colorado's Health Care Availability Act governs medical malpractice claims and imposes specific procedural requirements.
- ✓Punitive damages in Colorado are generally capped at the amount of actual damages but may not exceed $500,000 without specific findings.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Colorado.