If you or a loved one has been harmed by a medical error in Colorado, it is critical to understand the deadlines for filing a lawsuit. Missing these deadlines can mean losing your right to seek compensation entirely. However, navigating these time limits can get complicated because medical errors are not always obvious right away.
Contact our Aurora personal injury lawyers today for a free consultation.
General Medical Malpractice Deadline in Colorado – 2 Years
Under Colorado law, you generally have two years from the date the injury occurred to file a medical malpractice lawsuit.
Except as otherwise provided in this section or section 25.5-4-307, C.R.S., no action alleging negligence, breach of contract, lack of informed consent, or other action arising in tort or contract to recover damages from any health-care institution, as defined in paragraph (a) of subsection (2) of this section, or any health-care professional, as defined in paragraph (b) of subsection (2) of this section, shall be maintained unless such action is instituted within two years after the date that such action accrues pursuant to section 13-80-108 (1), but in no event shall an action be brought more than three years after the act or omission which gave rise to the action
This is the standard statute of limitations and applies in most straightforward cases where the patient knows or reasonably should have known about the injury at or near the time of the medical error.
Important Points to Understand
There are some important points to understand about this standard deadline:
- The two-year clock typically starts on the date of the act or omission, meaning the date the negligent treatment, procedure, or failure to act took place
- This deadline applies to claims against doctors, surgeons, nurses, hospitals, clinics, and other healthcare providers
- If you fail to file your lawsuit within this two-year window, the court will almost certainly dismiss your case, regardless of the severity of your injuries
Exceptions to The Statute of Limitations – The Discovery Rule
Colorado also recognizes what is known as the discovery rule. This exception acknowledges that some injuries caused by medical negligence are not immediately apparent. Under the discovery rule, the two-year statute of limitations may not begin until the date you knew or should have known about the injury and its connection to the medical care you received. This provides critical protection for patients who could not have reasonably discovered the harm any sooner
Is There an Absolute Deadline?
Yes. Even with the discovery rule, Colorado imposes a three-year statute of repose. This means that no medical malpractice lawsuit can be filed more than three years after the act or omission that caused the injury, regardless of when the injury was discovered.
However, to make things even more confusing, there are exceptions to this 3-year cutoff as well. For example, cases involving a foreign object left inside the body or situations where the healthcare provider concealed or misrepresented the error may have a longer deadline.
Exceptions For Minor Victims
In general, the statute of limitations for a minor’s medical malpractice claim is tolled, meaning the clock is paused until the child reaches a certain age, usually 18. This gives the child or their parent or legal guardian additional time to file a lawsuit. There’s also a specific deadline for minors who are injured when they’re under 6 years old. In these cases, the lawsuit must be filed before the child turns eight years old.
A minor under eight years of age who was under six years of age on the date of the occurrence of the act or omission for which the action is brought, in which case the action may be maintained at any time prior to his attaining eight years of age; or
There are a lot of different exceptions in these cases, making it absolutely critical to talk to a lawyer as soon as you suspect that you may have been a victim of medical negligence. Our team is here to help, offering decades of experience helping victims. Contact us today to schedule a free consultation.