Even though modern medicine saves millions of lives every year, there are times when medical professionals make mistakes and cause serious injuries or illnesses. When this occurs, victims can often recover compensation by filing a medical malpractice lawsuit against the alleged negligent medical professional. However, they must do so within a specific amount of time, or their right to recover compensation will disappear. Here, we want to discuss the Colorado medical malpractice statute of limitations.
Each state is responsible for setting time frames for different types of injury claims filed against negligent parties. In Colorado, the medical malpractice statute of limitations is typically set at two years from the date the alleged malpractice occurred. However, there are some nuances to this two-year time frame.
When it comes to medical malpractice claims, the actual injury or illness caused by the negligence of a medical professional may not be known right away. That is why the statute of limitations allows individuals to file the claim within two years from the date they “discover” that they were harmed by a medical error.
However, there is an overall statute of repose related to medical malpractice claims, which means there is a cap on the total amount of time available to file these lawsuits, regardless of when the injury or illness was discovered. This overall statute of limitations is three years from the date the alleged malpractice occurred.
There are certainly exceptions to the medical malpractice statute of limitations. The reality is that not all cases are cut and dry, and these exceptions are incredibly important for various situations. Cases do not necessarily need to be filed within the two or three-year time frame if the following situations are present:
Additionally, in the event there is a minor who was younger than six years of age when the alleged malpractice occurred, the claim must be filed in civil court before the child turns eight years old.
If you or somebody you care about has been injured due to the careless or negligent actions of a medical professional, we encourage you to reach out to a skilled attorney as soon as possible. Medical malpractice claims can be incredibly challenging, and the other party will most certainly have a team of lawyers and insurance carriers ready to help back them up.
When you have a medical malpractice lawyer by your side, you will have an advocate that will work with trusted medical professionals to examine every aspect of your case. The goal in these situations is to recover the compensation a person needs to help them through this, including coverage of medical bills, lost wages, household expenses, and pain and suffering damages.
