Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
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.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- What Happens If I Am Injured In The Course Of Medical Treatment?
- How Do I Know If My Injury Constitutes Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- What Damages Can Be Recovered For Medical Malpractice?
- Does Colorado Require That Claims Be Arbitrated Prior To Litigation?
- Anesthesia Negligence
- Asthma/Respiratory Illnesses
- Birth Defects Or Injuries
- Nuclear Medicine (Cat Scans And Mris)
- Nursing Home Injuries And Negligence
- Obtaining Informed Consent
- Pharmacist Malpractice
- Psychiatric Or Psychological Malpractice