Medical Malpractice Law
Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. An action for medical malpractice must be brought within two years after the date the injury and its causes were known or should have been known with the exercise of reasonable diligence. With certain exceptions, the claim must be brought no more than three years after the negligent care. The exceptions are when the malpractice was knowingly concealed, when the claim is for a foreign object left in the body, or when both the injury and its cause could not have been known through the exercise of reasonable diligence.
There are special rules, which may extend the limitation period for minors or other claimants with disabilities. A minor has at least until his eighth birthday to file suit. If a claimant is mentally incompetent or under other legal disability, the action may be brought within two years from removal of the disability.
The limitation period for wrongful death caused by medical negligence is two years from the date of death.
Special notice requirements apply, in addition to the statute of limitations, for claims against public entities. For any claim against the state of Colorado or its political subdivisions, or any employee thereof, a written notice of your intent to file suit must be given within 180 days after discovery of the injury.
Another important deadline after filing a lawsuit is for the filing of a certificate of review. Within sixty days after service of the complaint, a certificate of review must be filed stating that an expert was consulted and is competent to express an opinion as to the alleged negligent conduct.