Statute of Limitations | Medical Claim Generally:The Colorado statute of limitations is “two years after the date that such action accrues pursuant to section 13-80-108 (1), but in no event shall an action be brought more than three years after the act or omission which gave rise to the action.” However, the above rule does not apply if the act or omission which gave rise to the cause of action was knowingly concealed by the person committing such act or omission, in which case the action may be maintained if instituted within two years after the person bringing the action discovered, or in the exercise of reasonable diligence and concern should have discovered, the act or omission; or If the act or omission consisted of leaving an unauthorized foreign object in the body of the patient, in which case the action may be maintained if instituted within two years after the person bringing the action discovered, or in the exercise of reasonable diligence and concern should have discovered, the act or omission [CO Rev Stat § 13-80-102.5 (2016)] Minors:“A minor under eight years of age who was under six years of age on the date of the occurrence of the act or omission for which the action is brought, in which case the action may be maintained at any time prior to his attaining eight years of age” [CO Rev Stat § 13-80-102.5 (2016)] Wrongful death:There are no specific provisions on wrongful death in Colorado. |
Damage Caps | Damages are capped at $1 million but of that $1 million, there is a cap for non-economic damages of $300,000. However, the cap does not apply to disfigurement damages or to economic loss if the cap would be unfair. [Colo. Rev. Stat. § 13-64-302] Starting January 1, 2025, the non-economic damages cap will increase to $875,000 over five years. After that, the cap will be adjusted for inflation every two year |
Attorney Fee Caps | Colorado currently has no attorney fee caps |
Pre-suit Requirements | “The plaintiff’s or complainant’s attorney shall file with the court a certificate of review for each … licensed professional named as a party … within sixty days after the service of the complaint, counterclaim, or cross claim against such person unless the court determines that a longer period is necessary for good cause shown.” [Colo. Rev. Stat. § 13-20-602] |
Expert Qualifications | An expert cannot testify “unless he not only is a licensed physician but can demonstrate by competent evidence that, as a result of training, education, knowledge, and experience in the evaluation, diagnosis, and treatment of the disease or injury which is the subject matter of the action or proceeding against the physician defendant, he was substantially familiar with applicable standards of care and practice as they relate to the act or omission which is the subject of the claim on the date of the incident. The court shall not permit an expert in one medical subspecialty to testify against a physician in another medical subspecialty unless, in addition to such a showing of substantial familiarity, there is a showing that the standards of care and practice in the two fields are similar.” [Colo. Rev. Stat. § 13-64-401] |
Negligent Credentialing Claims | The professional review act no longer provides immunity for health care facilities for negligent credentialing. However, there is no definitive answer as to whether Colorado recognizes negligent credentialing claims and what the standard would be. [Hickman v. Catholic Health Initiatives 2013] |
