When Healing Goes Wrong: Medical Facility Safety in Denver

You walk into a hospital or clinic, expecting a safe place where you or your loved one can get better. It’s supposed to be about healing, right? But what if that very place ends up causing you more harm? It sounds backward, I know, but even medical facilities can have safety issues, just like any other business. And honestly, when you’re already feeling vulnerable and seeking care, getting hurt at a healthcare facility can feel especially awful.

From my years of helping folks with these kinds of cases here at McCormick & Murphy, P.C., I’ve learned something important: medical facilities in Denver aim for super high safety standards. But here’s the kicker – they’re also some of the busiest, most high-stress places you’ll ever find. That mix can sometimes lead to unexpected accidents.

What Makes Medical Facilities Different?

Hospitals and clinics aren’t your typical storefronts or offices. Think about it – you’ve got people rushing around in situations where every second counts, heavy medical equipment constantly on the move, and floors that get mopped several times a day (often while people are still walking on them!). Plus, many visitors are elderly, might be using walkers or crutches, or are dealing with medical conditions that throw off their balance.

I remember chatting with a client who slipped on a wet floor at Presbyterian/Saint Joseph Hospital. She was there for a routine check-up after knee surgery, using crutches, and boom – she went down on a freshly mopped floor with no warning signs. Her original knee injury was healing great, but now she had a broken wrist and re-injured that very knee. It was heartbreaking.

The Special Safety Hurdles in Healthcare

Medical facilities face safety challenges that most other businesses don’t. Where else do you find:

• People in all sorts of health and mobility states?
• Emergencies popping up around the clock?
• Big, heavy medical machines being wheeled through hallways?
• Constant cleaning with super strong chemicals?
• Lots of entrances that people use no matter what the Denver weather is doing?
• Parking garages that are always busy?

Now, these aren’t excuses for unsafe conditions. Instead, they’re exactly why medical facilities need to be even more careful about premises liability than your average shopping mall or office building.

Understanding Premises Liability in Medical Settings

Let’s talk plain English for a minute. “Premises liability” simply means that property owners have a responsibility to keep their spaces reasonably safe for anyone visiting. In medical facilities, this goes way beyond just making sure the floors are dry and the lights are on.

The Legal Rules in Colorado

Colorado has a rule called “modified comparative negligence.” What that means is, even if you were partly to blame for your accident (maybe you were looking at your phone while walking), you can still get compensation as long as you’re less than 50% responsible for what happened.

When it comes to medical facilities specifically, Colorado courts look at a few things:

The level of care owed to different visitors. Patients, their families, and even delivery folks all get different levels of legal protection. Patients usually get the most protection because they’re often not at their best physically or mentally.

Whether harm could be expected. Hospitals know that their visitors include people who might have trouble walking, seeing, or other conditions that make them more likely to have an accident. Knowing this means they have to be extra careful with safety.

How reasonable the safety steps were. What would a sensible hospital administrator do to stop accidents? This standard considers what’s normal for the industry, what resources are available, and the specific dangers found in healthcare places.

Who’s Visiting, and What Are Their Rights?

Not everyone who walks into a medical facility has the same legal standing, and this matters more than you might think.

“Invitees” are people like patients, their families, and anyone else who’s been asked onto the property for business reasons. These folks get the highest level of protection. The facility has to check for dangers, fix problems they know about, and warn you about hazards they can’t immediately take care of.

“Licensees” are people who have permission to be there but aren’t necessarily there for the facility’s business benefit – think off-duty staff or someone just cutting through the hospital parking lot. They get less protection, but the facility still can’t intentionally harm them or fail to warn them about known dangers.

“Trespassers” get the least protection, but even then, no one can intentionally hurt them. In medical settings, this group is pretty rare since most areas are either open to the public or secured.

Common Safety Hazards in Denver Medical Facilities

After handling tons of these cases, I can tell you that certain types of accidents pop up again and again in medical facilities. It’s not that these places are just dangerous; it’s that they have unique risk factors that demand constant attention.

Slip and Fall Incidents

This is a big one. Medical facilities are cleaned all the time, so wet floors are just a part of life. But here’s the tricky part – cleaning can’t always wait for a convenient moment. If someone has an accident involving bodily fluids, that spot needs to be cleaned right now, even if it means creating a temporary slip hazard.

I’ve seen cases where:

• A patient slipped on a wet floor in the emergency room that had just been mopped after a trauma case.
• An elderly visitor fell in a bathroom where the floor was still damp from cleaning.
• Someone went down in a parking garage where ice wasn’t cleared properly (Denver winters are no joke!).

The main point isn’t if the floor was wet – it’s whether the facility took sensible steps to warn people and make the area as safe as possible. Slip and fall accidents can happen anywhere, but medical facilities have extra responsibilities because their visitors are often more vulnerable.

Equipment-Related Accidents

Medical facilities are packed with equipment – some of it life-saving, some of it just plain heavy and dangerous if not kept in its place. I’ve handled cases involving:

Mobile equipment left in walkways. Think IV poles, wheelchairs, and portable diagnostic machines that weren’t stored away and became trip hazards.

Patient beds that stopped working right. These things are complicated machines, and when they break, people can get seriously hurt. I had a case where a patient was injured when a hospital bed’s side rail gave out while she was trying to get out of bed.

Elevator accidents. With all the wheelchairs, gurneys, and heavy gear being moved, hospital elevators get a serious workout. When they malfunction, the results can be really bad.

Parking and Outside Safety Issues

Don’t think premises liability ends at the hospital doors! The parking lots and walkways are where lots of accidents happen, especially with Denver’s challenging weather.

Ice and snow removal. Colorado law says property owners need to clear ice and snow from walkways within a reasonable time after a storm. For hospitals, that “reasonable time” is usually shorter because they can’t exactly close during bad weather.

Parking garage safety. Bad lighting, uneven surfaces, and not enough security can all lead to accidents and injuries.

Sidewalk upkeep. Cracked or uneven sidewalks are trip hazards that medical facilities need to fix quickly, especially considering who their visitors are.

Security-Related Issues

Medical facilities can be pretty intense places. Family members are stressed, patients might be confused or in pain, and sadly, these settings can attract people looking to steal drugs or cause trouble.

Not enough security can lead to:

• Assaults on patients or visitors
• Theft of personal belongings
• Unauthorized people getting into restricted areas

Hospitals and clinics have a duty to provide reasonable security, especially in spots where vulnerable patients might be alone.

Environmental Hazards

Medical facilities use a lot of chemicals for cleaning and disinfection. While these are a must for keeping germs away, they can create dangers if not handled correctly.

I’ve seen cases involving:

• Chemical burns from cleaning supplies that weren’t stored properly.
• Breathing problems from poor ventilation during cleaning.
• Allergic reactions to cleaning products used near patient areas.

Specific Responsibilities for Different Types of Medical Facilities

Not all medical facilities are the same, and their safety duties change based on their size, what services they offer, and who their patients are.

Big Hospital Systems

Denver’s major hospitals – like Presbyterian/Saint Joseph, National Jewish Health, or Denver Health – have the most extensive safety duties. They usually have:

Dedicated safety departments with full-time staff whose only job is finding and fixing dangers.

Detailed policies and procedures for everything from cleaning up spills to emergency evacuations.

Regular safety checks by both their own staff and outside groups.

Special training programs for all employees on safety rules.

These hospitals also have more money and people to fix safety issues fast, which means courts expect more from them when accidents happen.

Outpatient Clinics and Surgery Centers

Smaller facilities don’t get a free pass on safety just because they’re not full-service hospitals. In fact, they sometimes face their own challenges because they don’t have the same level of staff or money as bigger places.

Fewer staff members can mean that safety problems aren’t spotted or fixed as quickly.

Shared spaces with other medical practices can make it unclear who’s responsible for keeping common areas safe.

Less frequent cleaning might mean dangers stick around longer than they would in a hospital.

Specialty Facilities

Some medical facilities serve people with specific needs that require extra safety thinking.

Rehabilitation hospitals help patients who are relearning to walk or dealing with mobility issues. These places need to be extra careful about preventing falls.

Mental health facilities might need stronger security and special training for staff on how to calm down difficult situations.

Pediatric facilities need to think about the unique safety needs of kids, from playground equipment to child-proofing everything.

The Role of Safety Rules and Regulations

Medical facilities don’t just have to worry about premises liability law – they also have to follow a whole bunch of other rules and regulations that affect safety.

Joint Commission Standards

Most hospitals are reviewed and approved by The Joint Commission, which sets out very detailed safety standards. These aren’t just suggestions – facilities must meet them to keep their approval.

The Joint Commission looks at things like:

• Patient safety goals and how facilities are working to meet them.
• “Environment of care” standards covering everything from fire safety to handling dangerous materials.
• Requirements for improving performance that demand ongoing safety checks.

When a facility fails to meet these standards and someone gets hurt, that failure can be really strong evidence in a premises liability case.

OSHA Requirements

The Occupational Safety and Health Administration (OSHA) sets rules for workplace safety that protect both employees and visitors to medical facilities.

OSHA’s healthcare rules cover things like:

• Preventing exposure to bloodborne pathogens.
• Communicating hazards for chemical safety.
• Rules for personal protective equipment.
• Emergency action plans.

State and Local Regulations

Colorado has its own set of rules for medical facilities, managed by the Colorado Department of Public Health and Environment. These cover:

• Building and fire codes specific to healthcare places.
• Infection control requirements.
• Patient rights and safety standards.

Denver also has local rules that affect medical facilities, especially around things like snow removal and building upkeep.

When Medical Facilities Drop the Ball on Safety

So, what happens when a medical facility doesn’t live up to its safety duties? That’s where premises liability law comes in, but proving a case isn’t always simple.

Proving Negligence

To win a premises liability case against a medical facility, you need to show four basic things:

Duty. The facility owed you a duty to keep you safe. This is usually the easiest part – if you were legally on their property, they owed you some level of care.

Breach. The facility failed to meet that duty. This might mean they knew about a danger and didn’t fix it, or they should have known about it if they’d done a reasonable inspection.

Cause. The facility’s failure actually caused your injury. This can get tricky if you already had other health issues.

Damages. You actually got hurt as a result. This includes medical bills, lost wages, pain and suffering, and other losses.

The Head-Scratcher of Pre-Existing Conditions

Here’s where medical facility cases can get complicated. Many people who visit hospitals and clinics already have health problems. If you fall and re-injure a knee you were there to have treated, how do you figure out which injury is new and which is old?

This is why having experienced legal help is so important. At McCormick & Murphy, P.C., we work with medical experts who can help sort out the difference between pre-existing conditions and new injuries caused by accidents.

Showing They Knew About the Danger

One of the trickiest parts of these cases is proving that the facility knew or should have known about the danger that caused your injury. There are generally three ways to show this:

Actual knowledge. Someone at the facility actually knew about the problem. This might come from incident reports, employee statements, or maintenance logs.

Constructive knowledge. The danger had been there long enough that a reasonable check would have found it. For example, if a spill happened hours ago and no one cleaned it up, the facility should have found it during their regular rounds.

They created the hazard. The facility’s own actions made the condition dangerous. If a maintenance worker mopped a floor and didn’t put up warning signs, they created the hazard.

Paperwork and Proof

Medical facilities generate tons of paperwork, and a lot of it can be important for a premises liability case. This might include:

• Incident reports from the day you got hurt.
• Maintenance logs showing when areas were last cleaned or checked.
• Security camera footage.
• Employee schedules and training records.
• Past complaints or accidents in the same spot.

Getting your hands on this information often means taking legal action, which is another good reason to talk to an attorney quickly after an accident.

Real-World Examples from Denver Medical Facilities

Let me share some stories from actual cases I’ve handled (with details changed to protect client privacy, of course). These examples really show how premises liability issues play out in real medical settings.

Case Study: The Emergency Room Fall

A 68-year-old woman came to a Denver hospital’s emergency room with chest pains. While walking to the bathroom, she slipped on a wet floor and broke her hip. The floor had been mopped about 30 minutes earlier, but no wet floor signs were up.

The hospital argued that the woman should have been more careful and that her age and medical condition made her prone to falls anyway. However, we were able to show that:

• The hospital’s own rules said wet floor signs had to be posted after mopping.
• Security cameras showed no warning signs were there.
• The cleaning staff hadn’t been properly trained on the policy.
• This wasn’t the first slip-and-fall incident in that area.

The case settled for a good amount that covered the woman’s extra medical expenses, rehab costs, and pain and suffering.

Case Study: The Parking Garage Incident

A man was visiting his wife at a Denver hospital when he was hit by a car in the parking garage. The driver said she didn’t see him because the lighting in the garage was so bad.

Our investigation found that:

• Several light fixtures in the garage had been broken for months.
• Other visitors had complained about the poor lighting.
• The hospital had gotten repair estimates but hadn’t done anything about them.
• Hospital security had even noted the lighting problem in their reports.

The hospital tried to argue that the driver, not the facility, was totally responsible. While the driver certainly had some blame, we were able to show that the hospital’s failure to keep the lighting good helped cause the accident. The case was settled with both the driver’s insurance and the hospital sharing responsibility.

Case Study: The Medication Mix-Up Location

This one’s a bit different – it involved a patient who was hurt not by a typical premises hazard, but by the actual layout and design of the pharmacy area in a clinic. The patient got the wrong medication because of a poorly designed workflow that often led to mix-ups.

While this might sound more like medical malpractice, the case actually focused on how the physical space was designed and kept up. We were able to show that:

• The pharmacy layout didn’t meet industry standards for safe medication dispensing.
• Similar mix-ups had happened before because of the bad design.
• The clinic had been told to redesign the space but hadn’t done it.
• The physical environment contributed to the error.

This case shows how premises liability in medical settings can go beyond just slip-and-fall situations.

Where Premises Liability Meets Medical Malpractice

One thing that makes medical facility premises liability cases unique is how they can sometimes overlap with medical malpractice claims. Sometimes it’s hard to tell if an injury happened because of a dangerous condition on the property or because of medical negligence.

Different Standards of Care

Medical malpractice cases require showing that a healthcare provider didn’t meet the standard of care expected in their profession. Premises liability cases focus on whether the facility kept things reasonably safe.

These different standards can apply to the same incident. For example, if a patient falls because they were given too much sedative and the floor was wet, you might have both a malpractice claim (too much sedative) and a premises liability claim (wet floor with no warning signs).

Different Insurance Policies

Medical facilities typically have separate insurance policies for premises liability and for professional liability (malpractice). This can affect how settlement discussions and legal strategies play out.

Different Deadlines to File a Lawsuit

In Colorado, the deadline to file medical malpractice claims is generally two years from when you discover the injury, with some exceptions. Premises liability claims usually have a three-year deadline. If your case involves both types of claims, you need to be really careful about these different timelines.

What to Do If You’re Injured at a Medical Facility

If you get hurt at a hospital or clinic, your first step is always to get medical attention. But once you’re stable, there are some important things you should do to protect your legal rights.

Immediate Steps

Report the incident. Make sure the facility knows about your accident and ask them to create an incident report. Ask for a copy, though they might not give you one right away.

Document everything. Take pictures of the area where you were injured, including any dangers that played a role in your accident. Get photos of your injuries too.

Get witness information. If anyone saw what happened, get their contact details. This includes other patients, visitors, and staff members.

Get medical attention. Even if your injuries seem minor, get them checked out by a doctor. This creates a medical record of your injuries and connects them to the accident.

Don’t Make These Common Mistakes

Don’t give a detailed statement to the facility’s insurance company without talking to a lawyer first. They’re not on your side, and anything you say can be used against you later.

Don’t sign anything except necessary medical forms. Facilities sometimes ask injured people to sign releases or waivers. Don’t do this without legal advice.

Don’t assume the facility will “do the right thing.” Medical facilities are businesses, and their insurance companies are focused on paying out as little as possible, not helping you recover.

Don’t wait too long to get legal advice. Evidence can vanish, witnesses can forget details, and deadlines to file a lawsuit can pass.

Why You Need Legal Help

Medical facility premises liability cases are complicated. The facilities have teams of lawyers and insurance adjusters working to minimize their responsibility. You need someone on your side who understands both the law and the special challenges of healthcare environments.

At McCormick & Murphy, P.C., we’ve been handling these kinds of cases since 1995. We know how medical facilities work, what safety standards they should meet, and how to prove when they’ve fallen short. You can find our office at 1547 N Gaylord St UNIT 303, Denver, CO 80206 if you need to chat about your case in person.

The Financial Hit from Medical Facility Injuries

When you’re injured at a medical facility, the financial impact can be especially tough. You’re often dealing with new injuries on top of whatever medical condition brought you there in the first place.

Medical Expenses

Emergency treatment costs. If your injury needs immediate medical attention, you could be looking at thousands of dollars in emergency room bills.

Ongoing treatment. Some injuries require months or years of treatment, physical therapy, or additional surgeries.

Medication costs. Pain management and other medications can add up fast, especially if you need long-term treatment.

Medical equipment. Injuries that affect your ability to move might require wheelchairs, crutches, walkers, or other helpful devices.

Lost Income

Time off work. Even minor injuries can mean time away from your job for doctor’s appointments and recovery.

Reduced earning capacity. Serious injuries might permanently affect your ability to work in your chosen field.

Career impact. Some injuries can mess up career advancement or force you to change jobs.

Other Economic Losses

Transportation costs. Getting to and from medical appointments, especially if you can’t drive yourself.

Home modifications. Serious injuries might mean you need to change your home to make it easier to get around.

Caregiver costs. You might need to pay for help with daily activities while you get better.

Non-Economic Damages

Pain and suffering. This covers the physical pain and emotional distress caused by your injuries.

Loss of enjoyment of life. This means not being able to do the things you used to love because of your injury.

Relationship impacts. Injuries can affect your connections with family and friends.

How Medical Facilities Try to Avoid Responsibility

Knowing how medical facilities and their insurance companies approach these cases can help you get ready for what’s coming.

Common Defense Plays

Blaming the victim. They’ll argue that you were careless, weren’t paying attention, or that your existing medical conditions made you more likely to have an accident.

Claiming the danger was “open and obvious.” If a danger was supposedly super clear, they’ll argue they didn’t need to warn you about it.

Arguing they didn’t know about the danger. They’ll claim they had no idea about the dangerous condition and couldn’t have found it with a reasonable inspection.

Minimizing damages. They’ll argue that your injuries aren’t as bad as you say or that they were caused by something else.

How They Investigate Claims

Medical facilities don’t just sit back and wait when someone files a premises liability claim. They do their own investigations, which might include:

Interviewing employees who were working when the accident happened.

Reviewing security footage to see what actually went down.

Checking maintenance records to show they were properly taking care of the facility.

Hiring their own medical experts to look at your injuries and treatment.

Doing background checks to find information they might use against you.

Settling vs. Going to Trial

Most premises liability cases settle outside of court, but medical facilities sometimes fight cases that other businesses might settle easily. This is partly because they care a lot about their reputation and partly because they have good insurance and experienced legal teams.

Things that affect whether a case settles include:

How strong the evidence is. Clear cases with good proof are more likely to settle.

How bad the injuries are. Cases with serious, lasting injuries are more likely to go to trial because there’s more at stake.

The facility’s past record. Some facilities are more willing to settle than others based on their history and company culture.

Public relations worries. Medical facilities are sensitive about how they look in the community.

The Role of Expert Witnesses

Medical facility premises liability cases often need experts to explain complicated stuff to judges and juries.

Types of Experts

Safety experts who can talk about industry standards for keeping healthcare environments safe.

Medical experts who can explain your injuries and how they connect to the accident.

Economic experts who can figure out your financial losses, especially if you have long-term or permanent injuries.

Accident reconstruction experts who can analyze exactly how your accident happened.

What Experts Look For

When looking at a medical facility premises liability case, experts usually check:

Industry standards and best practices for the type of facility where you were injured.

The facility’s own policies and procedures and whether they were followed.

Whether they followed rules from groups like Joint Commission, OSHA, and other applicable standards.

Past incidents at the facility that might show a pattern of problems.

Training records to see if staff were properly ready to keep things safe.

Special Considerations for Different Types of Injuries

Different kinds of injuries come with their own unique challenges in medical facility premises liability cases.

Traumatic Brain Injuries

Head injuries are super serious and can have long-lasting effects that aren’t clear right away. Post-concussion syndrome can mess with someone’s ability to work and enjoy life for months or even years after an accident.

In medical facility cases, brain injuries often happen from:

• Falls on hard surfaces like hospital floors or parking lots.
• Getting hit by equipment or falling objects.
• Slip and falls in places like bathrooms or patient rooms.

The trick with brain injury cases is that symptoms can be subtle and show up later. Someone might seem fine right after an accident but develop serious issues down the road.

Spinal Cord Injuries

Damage to the spinal cord can lead to partial or complete paralysis, making these some of the most devastating injuries possible. In medical facilities, spinal injuries often happen from:

• Falls down stairs or in parking structures.
• Getting hit by heavy equipment.
• Accidents involving patient transport (wheelchairs, gurneys, etc.).

These cases need lots of medical expert testimony to explain the injury and what it means for the long term.

Fractures and Broken Bones

While broken bones might seem straightforward, they can lead to complications, especially in older adults. Hip fractures, in particular, can be life-altering injuries that really cut down on mobility and independence.

Medical facilities see a lot of fracture cases because their patient population includes many elderly people who are at higher risk for broken bones from falls.

Soft Tissue Injuries

Sprains, strains, and other soft tissue injuries are common in slip-and-fall accidents. While these might not seem as serious as broken bones, they can cause ongoing pain and trouble moving.

The challenge with soft tissue injury cases is that the damage often doesn’t show up on X-rays or other scans, making it tougher to prove how bad the injury is.

Psychological Trauma

Don’t forget the emotional impact of accidents at medical facilities. People who are already stressed about their health can develop anxiety, depression, or PTSD after getting hurt in a place where they expected to be safe.

Post-collision PTSD is a recognized thing in car accident cases, and similar psychological injuries can happen after accidents in medical facilities.

Working with Insurance Companies

Dealing with insurance companies after an accident at a medical facility can be super frustrating and confusing. Here’s what you need to know about the process.

Types of Insurance Coverage

Medical facilities usually have a few types of insurance that might apply to your case:

General liability insurance covers slip-and-fall accidents and other premises liability claims.

Professional liability insurance covers medical malpractice claims.

Property insurance might cover injuries related to building problems or maintenance issues.

Workers’ compensation insurance covers employees who get hurt on the job.

How Insurance Adjusters Work

Insurance adjusters are trained to pay out as little as possible, and they have several tricks they often use:

Quick settlement offers. They might offer you money very quickly after your accident, before you even know the full extent of your injuries.

Asking for recorded statements. They’ll want to record you describing the accident, hoping you’ll say something that hurts your case.

Surveillance. In serious injury cases, they might hire investigators to follow you and record what you’re doing.

Independent medical examinations. They’ll want you to be checked out by a doctor they choose, who will often downplay your injuries.

Why You Shouldn’t Handle Insurance Companies Alone

Insurance companies have whole teams of experienced adjusters, investigators, and lawyers working to protect their interests. You need someone on your side who understands their tactics and can negotiate effectively for you.

At McCormick & Murphy, P.C., we handle all communication with insurance companies so you can focus on getting better. We know how to deal with insurance company bad faith tactics and fight for fair compensation.

The Investigation Process

A really good investigation is essential for building a strong premises liability case against a medical facility. Here’s what that process usually involves.

Immediate Evidence Gathering

Scene documentation. We’ll photograph the accident scene, including any dangers that played a role in your injury. This needs to happen fast because things can change quickly.

Witness interviews. We’ll talk to anyone who saw your accident, including other patients, visitors, and staff members.

Incident report review. We’ll get copies of any incident reports filed by the facility.

Medical record review. We’ll look at your medical records to document your injuries and treatment.

Formal Information Gathering

Once a lawsuit is filed, we can use formal legal tools to gather more evidence:

Document requests. We can demand that the facility produce maintenance records, training materials, previous incident reports, and other important documents.

Depositions. We can question facility employees under oath about what they know about the accident and the facility’s safety procedures.

Interrogatories. We can send written questions that the facility has to answer under oath.

Requests for admission. We can ask the facility to agree or disagree with specific facts about your case.

Expert Investigation

Safety experts will examine the facility and look at relevant standards and rules.

Medical experts will review your treatment and evaluate your injuries.

Accident reconstruction experts might even recreate your accident to understand exactly what happened.

Challenges in Medical Facility Investigations

Medical facilities can be tough to investigate because:

They have experienced legal teams who know how to limit the information they provide.

Evidence can disappear quickly. Security footage might be recorded over, and physical conditions can change.

Staff turnover is high in medical facilities, so witnesses might no longer work there by the time the case goes to trial.

They’re subject to patient privacy laws that can limit access to some types of information.

Getting Paid: Compensation in Medical Facility Premises Liability Cases

If you win a premises liability case against a medical facility, you might be able to get different kinds of compensation.

Economic Damages

These are the actual money costs you’ve had because of your injury:

Medical expenses. This includes emergency treatment, ongoing medical care, physical therapy, medications, and any future medical costs related to your injury.

Lost wages. Money for the time you’ve missed from work because of your injury.

Lost earning capacity. If your injury permanently affects how much money you can make, you can be paid for the difference between what you could have earned and what you can earn now.

Property damage. If your personal stuff got damaged in the accident (like broken glasses or torn clothes), you can be paid to fix or replace it.

Non-Economic Damages

These pay you for losses that aren’t easily measured in dollars:

Pain and suffering. This covers the physical pain and emotional distress caused by your injury.

Loss of enjoyment of life. Money for activities you can no longer do or enjoy because of your injury.

Disfigurement or scarring. If your injury has left you with permanent visible changes to how you look.

Loss of consortium. This pays your spouse for the loss of companionship and intimacy due to your injury.

What Affects How Much You Get

A few things influence how much compensation you might receive:

How bad your injuries are. More serious injuries usually mean higher compensation.

Your age and health before the accident. Younger, healthier people often get more for the same injury.

Your job and income. People who earn more usually get more for lost wages and earning capacity.

How negligent the facility was. Cases where the facility was particularly careless might result in higher awards.

Your own part in the accident. Under Colorado’s comparative negligence law, your compensation will be reduced if you were partly at fault.

The Timeline of a Medical Facility Premises Liability Case

Knowing what to expect can help you get ready for the legal process.

First Chat and Case Review (Weeks 1-4)

When you first call our office at (888)-668-1182, we’ll set up a time to talk about your case. During this meeting, we’ll:

• Go over what happened in your accident.
• Look at your medical records and other paperwork.
• Explain your legal rights and what your options are.
• Talk about our fees (we handle most personal injury cases so you only pay if we win).

Investigation Phase (Months 1-6)

Once we take your case, we’ll start a thorough investigation:

• Gathering evidence from the accident scene.
• Talking to witnesses.
• Getting your medical records.
• Chatting with expert witnesses.
• Looking into the facility’s safety history.

Filing the Lawsuit (Month 6-12)

If we can’t reach a fair settlement through talks, we’ll file a lawsuit. This kicks off the formal legal process and sets strict deadlines for everyone involved.

Discovery Phase (Months 12-24)

This is when both sides share information and evidence:

• Exchanging documents.
• Taking statements under oath from witnesses and parties.
• Getting expert witness reports.
• Having independent medical examinations.

Mediation and Settlement Talks (Months 18-30)

Most cases settle before trial, often through mediation where a neutral third party helps everyone talk things out.

Trial (Months 24-36)

If your case doesn’t settle, it will go to trial. Medical facility premises liability trials usually last several days to a few weeks, depending on how complicated the case is.

Appeals (If Needed)

Either side can appeal a verdict they don’t like, which can add months or even years to the process.

Extra Safety for Vulnerable People

Medical facilities serve lots of vulnerable people who deserve special protection under premises liability law.

Elderly Patients and Visitors

Older adults are at higher risk for serious injuries from falls and other accidents. Medical facilities know this and have to take extra steps to protect elderly visitors. This might include:

• More frequent safety checks.
• Better lighting in all areas.
• Non-slip surfaces in bathrooms and other wet spots.
• Clear paths free of stuff in the way.
• Enough seating and resting spots.

Patients with Disabilities

People who have trouble moving, seeing, or thinking need additional protections. Medical facilities must follow the Americans with Disabilities Act and provide:

• Accessible entrances and pathways.
• Proper signs for people with visual impairments.
• Safe transportation within the facility.
• Appropriate help when needed.

Kids as Patients

Children have different safety needs than adults. Pediatric areas of medical facilities should have:

• Child-proof locks on cabinets with dangerous stuff.
• Furniture and equipment that’s right for their age.
• Secure windows and balconies.
• Safe play areas with proper supervision.

Mental Health Patients

Patients getting mental health treatment might be at risk for hurting themselves or might have impaired judgment. Facilities treating these patients need:

• Secure environments that stop people from wandering off.
• Removal of potential weapons or harmful objects.
• Trained staff who can spot and respond to behavioral emergencies.
• Appropriate rules and procedures for restraining patients if needed.

Technology’s Role in Medical Facility Safety

Modern technology is playing a bigger and bigger part in keeping medical facilities safe, and facilities that don’t use reasonable safety technologies might be found negligent.

Surveillance Systems

Security cameras do a few things in medical facilities:

• Discouraging crime.
• Watching for safety dangers.
• Providing proof in case of accidents or incidents.
• Letting security staff respond quickly to emergencies.

But, surveillance systems only work if they’re kept up and monitored properly. I’ve seen cases where cameras weren’t working during important incidents or where footage was automatically deleted before it could be saved as evidence.

Alert Systems

Modern medical facilities use different alert systems to warn about possible dangers:

• Bed alarms that go off when patients at risk of falling try to get up alone.
• Spill detection systems that automatically alert housekeeping.
• Code systems that warn staff of different kinds of emergencies.

Electronic Health Records

While mostly used for medical care, electronic health records can also boost safety by:

• Flagging patients who are at high risk for falls.
• Tracking incidents and finding patterns.
• Making sure safety information is shared between shifts.

Automated Systems

Some facilities use automated systems to make things safer:

• Automatic door systems that cut down on injuries from heavy doors.
• Medication dispensing systems that reduce errors.
• Environmental monitoring systems that track temperature, humidity, and air quality.

Denver’s Unique Environmental Factors

Denver’s location and climate create some special challenges for medical facility safety.

Altitude Stuff

Denver’s mile-high altitude can affect visitors who aren’t used to it:

• Increased risk of dehydration and tiredness.
• Possible altitude sickness for some visitors.
• Slower healing times for some patients.

Medical facilities should know about these issues and take steps to help visitors get used to the altitude.

Weather-Related Dangers

Colorado’s weather can be wild and unpredictable:

Snow and ice. Denver can get a lot of snow, and the freezing and thawing creates dangerous ice. Medical facilities must have thorough snow and ice removal plans.

Sudden temperature changes. Quick weather shifts can make conditions dangerous fast.

Strong winds. High winds can make walking tough and blow debris around parking areas.

Hail storms. Big hail can damage cars and make surfaces slippery.

Air Quality Issues

Denver sometimes has air quality problems that can affect medical facility operations:

• Wildfire smoke during summer months.
• Ozone action days when outdoor activities should be limited.
• Dust storms that can make it hard to see and breathe.

Medical facilities need to keep an eye on air quality and adjust their operations, especially for patients with breathing problems.

Earthquakes (Mini Ones)

While Colorado isn’t famous for big earthquakes, the area does have some seismic activity, especially related to oil and gas stuff. Medical facilities need to be ready for:

• Securing heavy equipment that could fall during tremors.
• Having emergency plans for seismic events.
• Regular building checks to make sure everything is sturdy.

Picking the Right Legal Help

Not all personal injury lawyers are cut out to handle medical facility premises liability cases. Here’s what to look for when choosing an attorney.

Experience with Medical Facility Cases

Medical facilities are different from other businesses, and their premises liability cases need special know-how. Look for a lawyer who has:

• Handled many cases against hospitals and clinics.
• An understanding of how medical facilities work and their rules.
• Connections with the right expert witnesses.
• Knowledge of healthcare industry standards.

Resources for Complex Cases

These cases can be expensive to fight, needing expert witnesses, lots of information gathering, and sometimes long trials. Make sure your lawyer has:

• The money to cover case costs upfront.
• A team that can handle complicated legal battles.
• Access to qualified expert witnesses.
• Experience dealing with big insurance companies and their defense tactics.

A History of Winning

Look for a lawyer with a proven record of good results in premises liability cases. This includes:

• Significant settlements and trial wins.
• Recognition from other lawyers.
• Happy client stories.
• Professional awards and achievements.

Personal Attention

Medical facility premises liability cases are often complicated and emotionally draining. You want a lawyer who will:

• Take the time to understand your specific situation.
• Keep you in the loop throughout the process.
• Be available to answer your questions.
• Treat you with kindness and respect.

At McCormick & Murphy, P.C., we’ve been handling complex personal injury cases since 1995. Our professional services include extensive experience with medical facility premises liability cases, and we have the resources and know-how to take on big healthcare institutions and their insurance companies.

The Importance of Acting Fast

If you’ve been injured at a medical facility, time is really important. Here’s why you need to act quickly to protect your rights.

Deadline to File a Lawsuit

In Colorado, you generally have three years from the date of your injury to file a premises liability lawsuit. But, there are exceptions and tricky bits that can shorten this time:

• If the facility is a government entity, you might have as little as 182 days to file a notice of claim.
• If your case involves both premises liability and medical malpractice, different deadlines might apply.
• If you don’t realize you’re injured right away, the deadline might start from when you discover the injury.

Keeping Evidence Safe

Evidence can disappear quickly after an accident:

• Security footage might get recorded over or deleted.
• Physical conditions might change.
• Witnesses might forget important details or become hard to find.
• Documents might get lost or destroyed during normal business operations.

Medical Documentation

Getting quick medical attention creates important records of your injuries:

• It clearly links the accident to your injuries.
• It documents how serious your injuries are.
• It creates a starting point for measuring your recovery.
• It gives objective proof that insurance companies and courts rely on.

What Makes McCormick & Murphy Different

When you’re up against a big medical institution and their insurance company, you need lawyers who will fight for your rights and have the experience to win.

Decades of Experience

Kirk McCormick and Jay Murphy have been practicing personal injury law since 1990, with over 60 years of combined experience. We’ve seen how these cases unfold and know what it takes to get good results.

Specialized Knowledge

We focus specifically on personal injury and insurance bad faith cases. This means we understand the special challenges of medical facility premises liability cases and have developed effective ways to handle them.

No Fee Unless We Win

We handle most personal injury cases so you only pay attorney fees if we win money for you. This means you can get quality legal help without worrying about upfront costs.

Personal Attention

We keep our caseload manageable so we can give each client the personal attention they deserve. When you call our office, you’ll talk with an attorney, not a paralegal or secretary.

Proven Results

Over our decades of practice, we’ve recovered millions of dollars for injured clients. We have the experience and resources to take cases to trial when needed, and insurance companies know we’re not afraid to fight.

Common Questions About Medical Facility Premises Liability

Let me answer some of the questions I hear most often from people who’ve been injured at medical facilities.

Can I sue a hospital for falling in their parking lot?

Yes, if the hospital was careless in keeping their parking area safe. This might include not clearing ice and snow, not fixing potholes or uneven surfaces, or having bad lighting. The key is showing that the hospital knew or should have known about the dangerous condition and didn’t fix it or warn visitors.

What if I was already injured when I came to the hospital?

Having an existing injury doesn’t stop you from getting compensation for new injuries caused by the hospital’s carelessness. However, it can make your case more complicated because you’ll need to prove which injuries were caused by the accident versus your original condition. This is where a medical expert’s testimony becomes really important.

Can I sue if I was hurt while visiting someone else in the hospital?

Absolutely. Hospitals have a duty to keep all legal visitors safe, not just patients. In fact, visitors sometimes have stronger cases than patients because they’re not dealing with the same medical conditions that might contribute to accidents.

What if the hospital says I signed a waiver?

Medical facilities sometimes ask patients to sign various forms when they’re admitted, but these rarely include waivers of premises liability claims. Even if you did sign something, waivers aren’t always legally binding, especially if they’re hidden in other paperwork or if the hospital was extremely careless.

How long do these cases take?

Medical facility premises liability cases usually take 18 months to 3 years to sort out, depending on how complicated the case is and whether it goes to trial. Cases with serious injuries or disagreements about who’s at fault tend to take longer.

What if I can’t afford a lawyer?

Most personal injury lawyers, including our firm, handle these cases so you only pay if we win. This means you don’t pay attorney fees unless we get money for you. We also cover the costs of the lawsuit upfront, so you don’t need to pay expert witness fees or other expenses.

Should I talk to the hospital’s insurance company?

You should be very careful about giving statements to insurance companies without legal representation. They’re trained to ask questions that might hurt your case, and anything you say can be used against you later. It’s best to have a lawyer handle all communication with insurance companies.

What if my injury seems minor?

Don’t assume that minor injuries aren’t worth pursuing. Even seemingly small injuries can lead to ongoing problems, and you might be able to get compensation for pain and suffering, lost wages, and other damages. Plus, some injuries that seem minor at first can turn out to be more serious than initially thought.

The Future of Medical Facility Safety

As medical technology gets better and patient populations change, medical facility safety keeps evolving. Understanding these trends can help predict how premises liability law might develop.

Aging Population

As baby boomers get older, medical facilities are seeing more elderly patients and visitors. This shift is leading to changes in facility design and safety rules:

• More grab bars and non-slip surfaces.
• Better lighting throughout facilities.
• Wider hallways to fit wheelchairs and walkers.
• More comfortable seating areas for people who need to rest often.

Technology Everywhere

New technologies are being built into medical facilities to make them safer:

• Smart floors that can sense falls.
• Wearable devices that track patient movement and vital signs.
• AI systems that can predict which patients are at high risk for falls.
• Automated medication dispensing systems that cut down on errors.

Changing Regulations

Healthcare rules keep changing, with more and more focus on patient safety:

• Stricter reporting requirements for incidents.
• Better background check requirements for staff.
• Improved standards for facility design and upkeep.
• More emphasis on patient and visitor safety in accreditation standards.

Pandemic Preparedness

The COVID-19 pandemic showed how much medical facilities need to be ready for infectious disease outbreaks:

• Better air filtration and ventilation systems.
• Improved rules for cleaning and disinfection.
• Better visitor screening and management.
• Emergency plans for handling lots of patients.

These changes create new chances for premises liability claims if facilities don’t adapt to evolving safety standards.

Taking Action: Your Next Steps

If you’ve been injured at a medical facility in Denver, you don’t have to face the aftermath by yourself. Here’s what you should do to protect your rights and get the compensation you deserve.

Immediate Actions

Get medical attention. Even if your injuries seem minor, see a doctor. This creates important records and makes sure you don’t have hidden injuries.

Document everything. Take pictures of where you were injured, your injuries, and anything that played a role in the accident. Keep all medical records, bills, and other paperwork related to your injury.

Report the incident. Make sure the facility knows about your accident and creates an incident report. Ask for a copy, though they might not give you one right away.

Don’t sign anything except necessary medical forms. Don’t give recorded statements to insurance companies or sign releases without talking to a lawyer first.

Contact an Experienced Attorney

Medical facility premises liability cases are complex, and you need someone who understands both the law and the special challenges of healthcare environments. At McCormick & Murphy, P.C., we have the experience and resources to handle these challenging cases.

Call us at (888)-668-1182 to schedule a free chat. We’ll go over your case, explain your rights, and help you understand your options.

Visit our office at 1547 N Gaylord St UNIT 303, Denver, CO 80206 if you prefer to meet in person. We’re easy to find using our Google Maps location.

Don’t wait. Evidence can disappear quickly, and Colorado’s deadline to file a lawsuit means you have limited time to make a claim. The sooner you call us, the better we can protect your rights and build a strong case.

What to Expect When You Call

When you contact our office, you’ll speak directly with an attorney, not a secretary or paralegal. We’ll:

• Listen to your story and understand what happened.
• Explain your legal rights and options.
• Talk about our fee structure (remember, you only pay if we win your case).
• Answer any questions you have about the legal process.
• Help you understand what to expect going forward.

Why Choose McCormick & Murphy

Experience: We’ve been handling personal injury cases since 1990, with over 60 years of combined experience.

Focus: We specialize in personal injury and insurance bad faith cases, so we get the unique challenges you’re facing.

Resources: We have the money and expert witness connections needed to take on big medical institutions.

Results: We’ve recovered millions of dollars for injured clients over our decades of practice.

Personal attention: We keep our caseload small so we can give each client the individual attention they deserve.

No risk: We handle cases so you only pay if we win.

Conclusion: Your Rights Matter

Getting injured at a medical facility can feel especially awful because these are places where we go to get better, not worse. When a hospital or clinic doesn’t do its job to provide a safe environment, the consequences can be serious and last a long time.

But you don’t have to just accept that injury as bad luck. Medical facilities have legal duties to keep their premises safe, and when they don’t meet those duties, they should be held accountable.

The law understands that medical facilities serve people who are often vulnerable and deserve extra protection. Whether you’re a patient dealing with health issues, an elderly visitor with trouble moving around, or just someone who slipped on a wet floor, you have rights that deserve to be protected.

These cases are complicated, involving medical proof, safety rules, and smart defense strategies from well-funded healthcare places. You need experienced legal help to even the playing field and fight for the compensation you deserve.

At McCormick & Murphy, P.C., we’ve been fighting for injured people for over 30 years. We understand the challenges you’re facing, and we have the experience and resources to take on medical facilities and their insurance companies.

Don’t let a medical facility’s carelessness mess up your life. Call us at (888)-668-1182 today to talk about your case. We’re here to help you get the justice and compensation you need to focus on what matters most – getting better and moving forward.

Remember, time is key in these cases. Evidence can disappear, witnesses can forget important details, and Colorado’s deadline means you have limited time to act. The sooner you call, the better we can protect your rights and build a strong case for you.

You didn’t choose to be injured at a medical facility, but you can choose how to respond. Let us help you hold the responsible parties accountable and get the compensation you need to move forward with your life.