What is the statute of limitations for medical negligence in Colorado? I had leg surgery more than 4 years ago. Just recently, I started experiencing pain in my leg. My current doctor had x-rays taken and it was discovered that a small metal piece of a surgical instrument is still in my leg. Is it too late for me to sue the original surgeon and hospital for leaving the metal in my leg after surgery?
Can someone sue for medical negligence years later?
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Answer:
Under Colorado law, an action against a healthcare professional must be filed within 2 years after the date that the negligent action accrued pursuant to the code. An action for any type of personal injury accrues on the date the injury and its causes are known or should have been known by the exercise of reasonable diligence. However, the action can never be brought more than 3 years after the act or omission which gave rise to the action.
It would appear that you could be barred from bringing a lawsuit against the surgeon and any other healthcare professionals involved in your surgery. However, in your particular situation there may be an exception.
The statute of limitations for personal injury does not apply where the negligent act or omission involves an unauthorized foreign object left in the body of a patient after surgery. In that case, you will need to file a lawsuit within 2 years after you discover, or should have discovered, the act or omission (the metal piece in your leg).
You need to consult a medical malpractice attorney as soon as possible so that the attorney can determine if you can still file a claim against the surgeon and any other healthcare professionals involved in your surgery.
Talk to a Medical Malpractice Lawyer now to find out if you have time to build a medical malpractice case and file a lawsuit to get compensation for your damages.
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Posted by Cynthia Padilla on 07 Apr 2010