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Medical Malpractice Rules in Colorado

The deadline to file a medical malpractice claim in Colorado, the discovery rule, and caps on damages.

Short answer: A lawsuit against a licensed health care professional or institution must be filed within two years after the claim accrues, and no later than three years after the act or omission. Colo. Rev. Stat. § 13-80-102.5

Medical malpractice deadlineA lawsuit against a licensed health care professional or institution must be filed within two years after the claim accrues, and no later than three years after the act or omission. The three-year outer limit does not apply if the act was knowingly concealed or a foreign object was left in the body (two years from discovery in those cases), or if both the injury and its cause were not and could not have been known. A child who was under 6 at the time may sue any time before turning 8, and other persons under a legal disability have special time periods.
Source: Colo. Rev. Stat. § 13-80-102.5
Medical malpractice capsYes. Total damages against health care professionals and institutions are generally limited to the greater of $1,000,000 or 125% of the medical wrongful-death non-economic limit, of which only a set amount may be non-economic. The non-economic limit is $415,000 for claims accruing in 2024-2025, and rises for acts or omissions in later years: $530,000 (2026), $645,000 (2027), $760,000 (2028), $875,000 (2029), then adjusted for inflation. For a patient's wrongful death, non-economic damages are capped at $555,000 for acts in 2025, $810,000 for 2026, $1,065,000 for 2027, with further scheduled increases. A court may award additional economic damages above the total cap if applying it would be unfair. The caps do not apply to public health care employees or public institutions covered by the Governmental Immunity Act.
Read in the 2024 Colorado Revised Statutes (uncertified printout).
Source: Colo. Rev. Stat. §§ 13-64-302, 13-21-203(1)(b)

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FAQ

What is the statute of limitations for medical malpractice in Colorado?
A lawsuit against a licensed health care professional or institution must be filed within two years after the claim accrues, and no later than three years after the act or omission. The three-year outer limit does not apply if the act was knowingly concealed or a foreign object was left in the body (two years from discovery in those cases), or if both the injury and its cause were not and could not have been known. A child who was under 6 at the time may sue any time before turning 8, and other persons under a legal disability have special time periods.
Is there a cap on medical malpractice damages in Colorado?
Yes. Total damages against health care professionals and institutions are generally limited to the greater of $1,000,000 or 125% of the medical wrongful-death non-economic limit, of which only a set amount may be non-economic. The non-economic limit is $415,000 for claims accruing in 2024-2025, and rises for acts or omissions in later years: $530,000 (2026), $645,000 (2027), $760,000 (2028), $875,000 (2029), then adjusted for inflation. For a patient's wrongful death, non-economic damages are capped at $555,000 for acts in 2025, $810,000 for 2026, $1,065,000 for 2027, with further scheduled increases. A court may award additional economic damages above the total cap if applying it would be unfair. The caps do not apply to public health care employees or public institutions covered by the Governmental Immunity Act.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.