Medical Malpractice

When considering whether you may have a claim and how to proceed with it, one of the first things you must remember is that medical malpractice cases are extremely complex, as is the relevant legal framework that governs them. Pursuing a medical malpractice lawsuit in Colorado involves strict adherence to extensive procedural rules that apply. It also requires meticulous attention to medical records that have to be carefully collected, examined, and assessed, coupled with a rather substantial “burden of proof” that has to be met on your part.

The statute of limitations for medical malpractice cases in Colorado stipulates that a related lawsuit must be filed within two years from when you suffered harm or when you discovered—or could reasonably have been expected to discover—that you were harmed by a medical error.

The law also sets out that you must get your case filed within three years of the alleged malpractice, irrespective of when it was discovered. There are, however, some exceptions, such as if the defendant concealed the malpractice, if a surgical instrument or some other foreign object was left in your body after a medical procedure, or if you did not know about both the malpractice and your resulting injury, and you could not have discovered both, even with the exercise of reasonable diligence and concern.

Any lawsuit brought in Colorado on behalf of a minor who was younger than six years of age at the time has to be filed before the child’s eighth birthday. There are also specific rules in place for older minors (under the age of 18) and injured patients who are mentally disabled.

In the context of actions against licensed professionals for negligence, including cases of alleged medical malpractice, plaintiffs in Colorado have to file a so-called “certificate of review.” The purpose of this document is to prevent the filing of frivolous actions that have no basis in fact. It is a type of supporting proof that accompanies such actions, signed and filed by your attorney.

You must submit a certificate of review within 60 days of filing your lawsuit unless you can show the court that there exists a good cause for an extension.

Colorado State, like a number of others, has laws in place limiting the amount of compensation that a personal injury victim, including patients, is able to receive. Under our state laws, the cap on damages in most cases is set at $1 million. In practice, this is the total amount a plaintiff in a personal injury action, including those for medical malpractice, is generally allowed to receive. In order to be able to obtain an amount beyond the $1 million cap, you will have to prove that there is good cause for doing so, by proving that the use of said cap would be unfair bearing the specific facts of your case. The cap on damages includes payment for both economic and non-economic damages. In any event, non-economic damages are capped at $300,000.