What Is the Statute of Limitations on Medical Malpractice in Colorado?

When you have a medical malpractice claim in Colorado, you only have a limited amount of time to assert your legal rights. This is due to the state’s statute of limitations for medical malpractice lawsuits. Once the statute of limitations for your claim expires, you can no longer file a claim—even if there is no question that your doctor (or your loved one’s doctor) failed to meet the relevant standard of care.

As a result, making sure you file your medical malpractice claim before the statute of limitations expires is extremely important. So, how long do you have to file? The short answer is, “It depends.” Different rules apply in different circumstances.

Regardless of how long you file, it is strongly in your best interest to speak with an experienced medical malpractice lawyer promptly. Filing your claim as soon as possible can help maximize your chances of efficiently recovering just compensation.

Understanding Colorado’s Statute of Limitations for Medical Malpractice Claims

Here are five important facts about Colorado’s statute of limitations for medical malpractice claims:

1. The Statute of Limitations Is Two Years from the Date of the Injury in Most Cases

As a general rule, Colorado’s statute of limitations for medical malpractice claims is two years from the date the patient was injured as a result of malpractice. This means that, in most cases, patients and their families must file their claims within two years of the date that a healthcare professional or institution committed the error giving rise to their claim.

Depending on the circumstances, this could mean filing within two years of these events:

• Failure to diagnose
• Misdiagnosis
• Medication error
• Surgical error or anesthesia error
• Another instance of negligence resulting in unnecessary complications or a preventable illness or injury

While determining when the two-year limitations period expires can be relatively straightforward in some cases (i.e., if you only saw the doctor once), it can be much more complicated in others (i.e., if you sought a diagnosis and treatment for a serious health condition on multiple occasions). When you speak with an experienced medical malpractice lawyer about your legal rights, your lawyer will determine how long you have to file.

2. There Are Several Exceptions to These Rules

When you speak with an experienced medical malpractice lawyer about your legal rights, your lawyer will also determine if any exceptions apply. While patients and families have two years from the date of the malpractice to file their claims in most cases, potential exceptions include:

• The “Discovery” Rule – If it was not possible to discover the malpractice immediately, then the two-year limitations period runs from the date that the malpractice “should have been known by the exercise of reasonable diligence” (see Colorado Revised Statutes Section 13-80-102.5).
• Foreign Objects – In cases involving a foreign object left inside of the patient’s body, the two-year limitations period runs from the date that the object is discovered.
• Attempted Concealment – If your (or your loved one’s) doctor attempted to conceal his or her negligence, then the two-year limitations period runs from the date that the malpractice is discovered, or should have been discovered with reasonable diligence.

3. Colorado Also Has a “Statute of Repose”

In addition to a statute of limitations for medical malpractice claims, Colorado also has what is known as a “statute of repose.” This law places a deadline on filing a medical malpractice claim regardless of the date of discovery, except in cases involving foreign objects left in a patient’s body, attempted concealment, or instances where neither the injury or its cause could not have been discovered—even with reasonable diligence. Colorado’s statute of repose for medical malpractice claims is three years from the date of the medical provider’s error or failure to act.

4. There Are Special Rules for Cases Involving Children Under Age 6

Along with the exceptions listed above, there are also special rules for medical malpractice cases involving children under the age of 6. If your child experiences medical malpractice any time before his or her sixth birthday, you have until your child’s 8th birthday to file a claim in Colorado. This exception is essential for birth injury claims, as well as other cases where a minor is injured as a result of inadequate medical care.

5. The Statute of Limitations Establishes the Deadline to File a Lawsuit in Court 

Finally, it is important to clarify that Colorado’s statute of limitations for medical malpractice claims establishes the deadline to file a lawsuit in court. Most medical malpractice cases involve dealing with the healthcare provider’s insurance company. However, filing a claim with a healthcare provider’s insurance company does not prevent the statute of limitations from expiring.

Request a Free, No-Obligation Consultation with a Medical Malpractice Lawyer in Colorado 

Do you need to know more about filing a medical malpractice claim in Colorado? If so, we encourage you to contact Burg Simpson promptly.

Our medical malpractice attorneys know how to hold negligent doctors and other providers accountable. We serve clients in Denver and throughout Colorado.