Health & Medical in Colorado
Key Colorado Law
Colorado Revised Statutes Section 13-64-302 (Colorado Health Care Availability Act)
The Colorado Health Care Availability Act (C.R.S. § 13-64-302) requires medical malpractice claims to be filed within two years of the date of the negligent act or omission, or within two years of the date the patient discovered or should have discovered the injury.
View official statuteProcedural Details in Colorado
Colorado Agencies & Resources
Colorado Medical Board
Licenses and disciplines physicians in Colorado; handles complaints about physician misconduct and standard-of-care violations.
Colorado Department of Public Health and Environment
Oversees health facility licensing and patient safety regulations in Colorado.
Colorado Division of Insurance
Regulates health insurance and handles consumer complaints about coverage and claims in Colorado.
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Colorado?
Under C.R.S. § 13-64-302, Colorado provides a two-year statute of limitations from the date of the negligent act or discovery. An absolute repose period of three years applies from the date of the act regardless of discovery. For minors, the period is tolled until age 18, but the overall repose limit still applies.
What are Colorado's damage caps in medical malpractice cases?
Colorado caps non-economic damages in malpractice at $300,000 and sets a total damages cap of $1,000,000 under C.R.S. § 13-64-302. A court may exceed these caps upon a compelling showing, but this is rare. Economic damages (medical costs, lost wages) count toward the total cap.
What is a certificate of review and does Colorado require it?
Colorado requires a certificate of review from a licensed professional in the same specialty as the defendant, certifying there is a reasonable basis for the malpractice claim. This must be filed within 60 days of the complaint under C.R.S. § 13-20-602. Failure to file may result in dismissal.
How do I file a complaint against a doctor with the Colorado Medical Board?
You may file a complaint with the Colorado Medical Board through the Department of Regulatory Agencies (DORA) website at dpo.colorado.gov. The Board can investigate, issue reprimands, impose conditions, or revoke licensure. A board complaint does not compensate you financially and does not toll the civil statute of limitations.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Colorado?
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