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Colorado Medical Malpractice Statute of Limitations
Medical malpractice is a very emotionally charged case for courts to address. The definition is straightforward, but the actual claims can be very technical and difficult to determine. A health care professional, usually a doctor, can be brought before the court if he/she fails to provide an accurate diagnosis, does not treat a patient with the medically approved standard of care, or withholds the proper treatment for an unreasonable amount of time, which ultimately results in further injury or death. However, even though the definition is the same, the laws vary between the states. For instance, in Colorado the court may turn the case over for mediation, instead of a trial.
Time Limits for Filing a Claim in Colorado
The statute of limitations for suing a health care professional, in the state of Colorado, is two years. No case may be brought before the court after three years, regardless of when the injury was discovered. If a child under the age of six is the plaintiff, the case must be brought to the court before his/her eighth birthday.
Negligence Laws
Negligence laws differ from state to state. For example, the state of Colorado requires the plaintiff to file a certificate of review. He/she must have already contacted an expert witness who is willing to testify to medical malpractice. For other specific laws, please consult the chart below:
|
Code Section |
13-21-111 |
|
Comparative Negligence |
None |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
Contributory negligence does not bar recovery if claimant's negligence is not greater than defendant’s is. But any damages allowed is diminished in proportion to claimant's attributed negligence (13-21-111) |
|
Contribution Among Tortfeasors |
Yes; §§13-50.5-101 to 13.50.5-106 |
|
Uniform Act |
Yes; §§13-50.5-101 to 13.50.5-106 |
Award Limits in Colorado
According to the award limitations in Colorado, the non-economical award can be no greater than $300,000. Even considering current or future medical expenses, the award cannot exceed one million dollars. In addition, the award is to be offset by any related payments that have not been paid for by the plaintiff-like insurance.
Legal Help
Before filing a claim of medical malpractice, legal help is strongly advised. So many details can be inadvertently omitted, especially in such emotionally charged and stressful circumstances. A malpractice lawyer can help ensure the plaintiff, or the family members, receive all of the compensation the law will allow for medical expenses or their loss.