Statute of Limitations for Medical Malpractice Lawsuits in Colorado
For someone looking to file a medical malpractice case in the United States, it is extremely important they start the lawsuit within a time frame set by their respective state law, also known as "statute of limitations." In most cases, failing to meet the deadline means your case will be dismissed — unless there is a rare exception that applies to you. Statute of limitations for medical malpractice lawsuits works differently in different states. If you are planning to hire a medical injury attorney in Denver, this blog will help you understand how Colorado laws work with regard to medical malpractices.
The Deadline - Under Colorado Revised Statutes section 13-80-102.5 (Limitation of actions - Medical or Health care), a medical malpractice lawsuit needs to be brought within the first two years after the health care provider's malpractice occurred. This deadline applies to you whether you have a medical malpractice case against a hospital, or a licensed medical professional— like a physician or doctor.
The "Discovery" Rule - The "Discovery" rule is the first exception to the general two-year limitation on medical malpractice claims in Colorado. There are times when a patient's injury and/or the health care provider's negligence or medical error is not immediately apparent, as a result of what; it is not possible for the person to understand the source of their harm. The discovery rule is designed to address such scenarios. Until the harm caused by the medical malpractice is actually discovered, the two-year deadline does not apply.
Other exceptions to the statutory deadline - The two years statutory deadline may be extended if
(i) The defendant left the state after committing the medical malpractice.
(ii) The medical malpractice victim was legally incapacitated at the time.
(iii) The lawsuit is brought on behalf of a minor who was under the age of 6 when the alleged medical malpractice occurred. The suit needs to be filed before the minor’s eighth birthday.
Statute of Repose - Regardless of when a person discovered the harm, the medical malpractice claim must be filed within the first three years of the date when the health care provider's malpractice occurred. The statute does not apply in cases where-
(i) The malpractice (for any reason) was knowingly concealed by the defendant.
(ii) The malpractice is —leaving a foreign object in the body.
(iii) The malpractice or the resulting injury could not have been discovered by the patient even though the exercise of "reasonable diligence."
Consult the best malpractice lawyers in Denver, CO to get more clarity on Statute of Limitations for Medical Malpractice Lawsuits in Colorado, or for legal assistance on your case.
The Deadline - Under Colorado Revised Statutes section 13-80-102.5 (Limitation of actions - Medical or Health care), a medical malpractice lawsuit needs to be brought within the first two years after the health care provider's malpractice occurred. This deadline applies to you whether you have a medical malpractice case against a hospital, or a licensed medical professional— like a physician or doctor.
The "Discovery" Rule - The "Discovery" rule is the first exception to the general two-year limitation on medical malpractice claims in Colorado. There are times when a patient's injury and/or the health care provider's negligence or medical error is not immediately apparent, as a result of what; it is not possible for the person to understand the source of their harm. The discovery rule is designed to address such scenarios. Until the harm caused by the medical malpractice is actually discovered, the two-year deadline does not apply.
Other exceptions to the statutory deadline - The two years statutory deadline may be extended if
(i) The defendant left the state after committing the medical malpractice.
(ii) The medical malpractice victim was legally incapacitated at the time.
(iii) The lawsuit is brought on behalf of a minor who was under the age of 6 when the alleged medical malpractice occurred. The suit needs to be filed before the minor’s eighth birthday.
Statute of Repose - Regardless of when a person discovered the harm, the medical malpractice claim must be filed within the first three years of the date when the health care provider's malpractice occurred. The statute does not apply in cases where-
(i) The malpractice (for any reason) was knowingly concealed by the defendant.
(ii) The malpractice is —leaving a foreign object in the body.
(iii) The malpractice or the resulting injury could not have been discovered by the patient even though the exercise of "reasonable diligence."
Consult the best malpractice lawyers in Denver, CO to get more clarity on Statute of Limitations for Medical Malpractice Lawsuits in Colorado, or for legal assistance on your case.
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