In Colorado, the medical malpractice statute of limitations generally gives you two years to file a lawsuit, with an outer limit of three years for most claims. As Marlo Greer explains in a recent video, the real question is when that two-year clock starts ticking.
Marlo points out that the safest approach is to file within two years of the procedure or treatment that caused your injury.
That doesn’t mean you’re completely shut out if you file later. Under Colorado’s statute, the two-year period begins on the date you knew or should have known of both your injury and its cause. Sometimes an injury caused by malpractice doesn’t show up until after the surgery or treatment is over.
What Is the Medical Malpractice Statute of Repose?
There’s another limit to keep in mind. In Colorado, you generally can’t bring a medical malpractice lawsuit more than three years after the negligent act or omission, even if you don’t discover the injury until after those three years have passed. There are some exceptions to this harsh rule that favors doctors and insurance companies, but not many.
When Does the Medical Malpractice Statute of Limitations Start?
Here is where things get tricky. If you file more than two years after your treatment or surgery and say you didn’t discover the injury until later, the insurance company for the doctor you’re suing is likely to challenge that. They will argue that:
- You knew about your injury earlier, and
- You knew your medical procedure was likely the cause of that injury earlier
They’re trying to convince the court that you “knew or should have known” of both the injury and its cause early enough that your lawsuit was filed too late.
The court may agree with them, or it may not. As Marlo points out, the safest approach is to file as soon as possible, within two years after the treatment or surgery that injured you.
Records to Gather Before a Case Evaluation
Pull together what you already have:
- Dates of treatment
- The date of the procedure or surgery
- The date you learned about the injury
- Names of the doctors and providers involved
- Any medical records you already have
To see whether what happened may count as malpractice, read What Counts as Medical Malpractice in Colorado? If your doctor apologized, see Colorado Doctor Apology Law and Medical Malpractice.
Talking to a Lawyer About a Malpractice Deadline
The medical malpractice statute of limitations is short: usually two years, and in most cases no more than three. Different states have different deadlines, and wherever you live, it’s important to move promptly. If you suspect malpractice by your doctor or another medical professional, contact us as soon as possible. We can evaluate your concerns and explain the steps you can take to seek compensation.
Call Greer Law at 303-331-6460 or submit our online contact form.
