What Is the Statute of Limitations on Medical Malpractice in Colorado?

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider offers substandard care, resulting in injuries. It’s important to know that not all harm that occurs in a medical setting is malpractice.

It only applies if the error that led to harm could have been prevented and if it deviated from the standard of care. Negligence or wrongful conduct must be involved.

What Is the Statute of Limitations for Medical Malpractice in Colorado?

The statute of limitations for medical malpractice in Colorado is two years from the date of the injury. There could be exceptions, so it’s vital to begin these cases as quickly as possible. 

When Does the Statute of Limitations Clock Start in a Colorado Medical Malpractice Case?

The clock in these cases begins running from the moment the injury occurs. If you don’t realize you were hurt until later, the timeline starts when you knew or should have known that you sustained harm.

What Is the Discovery Rule in Colorado Medical Malpractice Claims? 

The discovery rule in Colorado pauses the two-year statute of limitations. It gives you two years from the moment that you discovered or should have reasonably discovered that a medical professional caused you an injury.

Are There Exceptions to the Medical Malpractice Statute of Limitations in Colorado? 

Aside from the discovery rule, there are other exceptions that halt the statute of limitations in Colorado. One of these is if the claim involves a retained object. Most patients don’t realize that they have sustained this type of harm until weeks or months later. The clock begins when they understand that they have suffered an injury.

Victims who are minors can also have extended timelines. If the case involves fraudulent concealment, the deadline is altered, too.

How Does Medical Malpractice Involving Minors Affect the Statute of Limitations? 

In cases involving minors who suffered from medical malpractice, the clock is tolled until their eighth birthday. This applies if the child was under six years old when the incident occurred. It’s an important factor when dealing with birth injury claims.

How Do Wrongful Death Medical Malpractice Claims Affect Filing Deadlines? 

Unlike other types of malpractice claims in Colorado, wrongful death cases usually don’t allow for the discovery rule. The timeline would begin from the moment of the person’s death.

What Happens if You Miss the Statute of Limitations for a Medical Malpractice Case? 

If you miss the Colorado medical malpractice statute of limitations, you will be barred from recovering your losses. That is why it’s so vital to begin a claim rapidly after learning that you or a loved one suffered an injury because of medical malpractice.

Why Are Medical Malpractice Deadlines So Strictly Enforced in Colorado?

These deadlines are in place for a reason. The sooner you begin a claim, the more recent and viable the evidence you gather will be. Over time, records can get lost, and witnesses can forget the details of the incident. That makes the claim less likely to be successful.

What Are Common Signs That Medical Malpractice May Have Occurred? 

Medical malpractice is not always easy to spot, but there may be some signs that warn you that something has gone wrong while receiving care.

You may notice unexpected and severe complications after undergoing a routine procedure. Another sign is an unexplained worsening of your condition. Sometimes, you may only realize you suffered from malpractice after getting a second opinion.

How Do You Prove a Medical Malpractice Claim in Colorado? 

Proving a medical malpractice claim will require gathering a significant amount of evidence.

This can include:

• Medical records
• Doctor’s notes
• Eyewitness statements
• Expert witness statements

Unlike other negligence-based claims, you don’t only need to establish that the defendant acted in a way that another reasonable person would not have done. Instead, you must show that they provided substandard care.

If another professional in the same field would not have made the error that led to your injuries, you may have a medical malpractice case.

What Compensation Can You Recover in a Medical Malpractice Case? 

You can receive damages as compensation in your case. Economic damages cover all of your medical expenses, including any future care you may need. They also address the wages you lost while receiving care. If you can’t return to work, you can obtain compensation for your loss of earning potential.

Non-economic damages focus on less tangible losses. They cover your pain and suffering, as well as your loss of enjoyment of life.

Why Is It Important To Speak With a Medical Malpractice Lawyer as Soon as Possible? 

If you have sustained an injury because of malpractice, it’s crucial that you contact an attorney quickly. Not only do you have the statute of limitations to worry about, but you also have to ensure you can get as much evidence as possible. Additionally, insurance companies can look at claims suspiciously if you delay in beginning them.

What Should You Do if You Suspect You Are a Victim of Medical Malpractice?

The moment that you realize you may have suffered losses because of a medical provider, you need to contact an attorney. At Bachus & Schanker, we offer the trusted and comprehensive representation you need. We have helped clients obtain significant settlements after suffering from medical negligence.

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