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How Long Do I Have to File a Medical Malpractice Claim?
Suffering harm at the hands of a negligent medical professional can be a terrifying and disheartening experience. As you’re trying to come to terms with what has happened, you may be exploring your legal options, including filing a medical malpractice claim.
While you can find some comfort knowing that you have the right to sue the negligent healthcare provider to recover monetary damages, you need to know that you can easily lose that right if you wait too long. “But how long is too long?” you may be wondering. That depends on your state law.
At Gama Law Firm LLC, we provide skilled representation to patients who have fallen victim to medical malpractice and families of those who lost their lives due to negligent medical care in the state of Colorado. Our medical malpractice attorneys in Aurora, Colorado, understand that you need some time to process what has happened to you and think about your plan of action.
While it’s perfectly okay to take some time to get your thoughts in order, you need to know that there is a limited amount of time to pursue your medical malpractice claim. Our attorneys are here to explain how long you have to file your claim and help you take the right steps toward achieving justice while you still have time.
The Two-Year Statute of Limitations and the Discovery Rule in Colorado
In Colorado, the general rule is that you have two years from the date of the alleged malpractice incident to file a claim under Colo. Rev. Stat. § 13-80-102.5(1). This is known as the statute of limitations.
However, the law recognizes that injuries and illness resulting from substandard medical care may not be discovered right away. That is why there is the “discovery rule,” which allows the two-year clock to start ticking from the moment you discovered or reasonably should have discovered the malpractice.
Example: If a surgical instrument was left inside your body during a procedure, you might not discover this until months or even years later. In such cases, the clock starts ticking from the date you became aware of the issue, not the date of the surgery.
If you suspect medical malpractice, you need to start building your case immediately. The sooner we can start gathering evidence, the stronger your case will be. Delaying the process could mean you miss the opportunity to seek compensation.
The Three-Year Deadline and Exceptions
While the discovery rule provides some flexibility, Colorado law also imposes an absolute three-year deadline on medical malpractice claims. This means that, regardless of when you discovered the malpractice, you cannot file a claim more than three years after the date of the alleged incident.
However, there are exceptions to this rule:
The healthcare provider engaged in fraudulent concealment of the malpractice (fraudulent concealment occurs when a healthcare provider intentionally hides their mistake, preventing you from discovering it within the usual timeframe); or
The healthcare provider left a foreign object in your body.
Even if you think that your case qualifies for an exception after more than three years have passed, you might still face opposition from the negligent healthcare provider or their insurance company. If this happens, you might need the help of a medical malpractice attorney.
Minors and Incapacitated Patients
Special rules apply to situations where the injured party is a minor or incapacitated person. For minors, the statute of limitations does not begin until they reach the age of 18. This means they have until their 20th birthday to file a medical malpractice claim.
If the victim is incapacitated, the statute of limitations may be tolled, or paused, until they regain their capacity. Incapacity can result from a variety of conditions, including severe physical injury, mental illness, or temporary unconsciousness.
Continuing Course of Treatment
Another important aspect to consider is the “continuing course of treatment” doctrine. If you continue to receive treatment from the same healthcare provider for the condition that resulted from the alleged malpractice, the statute of limitations may not begin until the treatment ends.
For instance, if a doctor misdiagnoses a condition and you continue to see that doctor for treatment related to the misdiagnosis, the clock may start ticking at the end of the ongoing treatment rather than the date of the misdiagnosis. This doctrine helps ensure that patients are not penalized for continuing to trust their healthcare providers while seeking ongoing treatment.
What Is the Certificate of Review Requirement in Colorado?
Colorado law requires that a certificate of review be filed along with your medical malpractice complaint. This certificate must be signed by an expert in the same field as the defendant healthcare provider. The expert must attest that the claim has substantial justification and is not frivolous.
The certificate serves as a preliminary validation of your claim, ensuring that you have consulted a qualified expert before proceeding with the lawsuit. Failing to file this certificate within 60 days of filing your complaint can result in the dismissal of your case.
Our attorneys at Gama Law Firm LLC can connect you with medical experts who can review your case and provide the necessary certificate. This step is crucial in demonstrating the legitimacy of your claim and building a strong foundation for your lawsuit.
Get Help Filing Your Medical Malpractice Claim As Soon As Possible
Have you become a victim of medical malpractice and you feel like you are running out of time? If losing your right to pursue compensation isn’t part of your plan, you should act quickly. No matter how many months or years have passed since you received substandard medical care, we are here to help.
Our medical malpractice attorneys at Gama Law Firm LLC, can explain the appropriate legal time frame for filing a lawsuit in your specific situation and advise you on your next steps to expedite the legal process. From our office in Aurora, Colorado, we serve clients in the surrounding area, including Centennial, Parker, and Castle Pines. Get in touch now by requesting a free consultation.