Colorado Medical Malpractice Law

If you or a loved one is injured or killed by medical malpractice, you are likely entitled to recover for your medical expenses, pain and suffering, lost wages, and more. Every state has its own specific laws governing medical malpractice cases. In this blog post, we will examine some of the basics of Colorado’s medical malpractice laws so that if you do find yourself in this unfortunate position, you will have a better understanding of your rights.

Statute of Limitations on Medical Malpractice Claims

In Colorado, you can file a lawsuit until two years from the date you discovered, or should have discovered, that you were injured by medical malpractice. However, you must sue before three years after the malpractice actually occurred. For children under six years old, they must file the lawsuit by their eighth birthday (Colorado Revised Statute 13-80-102.5(3)(d)(I)).

Limits on Recovery

Currently, Colorado law imposes a one million dollar limit on the total recovery in medical negligence and malpractice cases. Of those one million dollars, there is a $300,000 cap on non-economic damages, which include loss of companionship, loss of consortium from a spouse, and pain and suffering. As we discussed in earlier blog postings, legislation that would have slightly increased this limit on non-economic damages was defeated in the Colorado state legislature.

In Colorado, a defendant in a medical malpractice case cannot reduce its liability by showing that you were compensated by other sources, such as your health insurance. Additionally, Colorado does not limit the attorney fees you can recover.

Certificate of Review

Colorado law requires that, before you can make a medical malpractice claim, you must first obtain a certificate of review. A medical expert will carefully review the treatment you received that you believe caused your injuries and determine first if there was inappropriate care, and then if this care caused the injuries. Once your attorney obtains the certificate of review, your lawsuit can proceed.

Thank you for reading this blog. Personal injury suffered due to medical malpractice can be devastating. If you or a loved one has suffered a serious injury or death due to medical malpractice, contact the Colorado medical malpractice attorneys of Paulsen & Armitage for a confidential consultation. If you have a question or comment, please reply to this blog or send us an e-mail.