Colorado Medical Malpractice Laws and Statute of Limitations

Thinking about filing a Colorado medical malpractice lawsuit? It's important to understand the process, so that you know what to expect and don't wait too long before taking action. Below, we discuss the most important laws in Colorado that can impact the outcome your medical malpractice case, including:

• the deadlines for filing a lawsuit
• the "certificate of review" requirement
• caps on awards, and
• what happens in cases of shared fault.

Colorado's Deadlines for Filing Medical Malpractice Lawsuits

A statute of limitations is a law that sets a deadline for filing a lawsuit in court. Like most states, Colorado has a specific statute of limitations for medical malpractice cases. But it's not as simple as one deadline. The statute of limitations includes a standard and "outside" deadline, and the "clock" may start running at different times, depending on the circumstances.

The Two-Year Deadline and the Discovery Rule

In Colorado, any lawsuit based on alleged medical negligence by a health care professional or institution (like a hospital or clinic) must be filed within two years after the action "accrues." Under what's often called the "discovery rule," Colorado law says that the cause of action accrues when "both the injury and its cause are known or should have been known by the exercise of reasonable diligence." (Colo. Rev. Stat. §§ 13-80-102.5(1), 13-80-108(1) (2025).)

The Three-Year Deadline and Exceptions

Beyond the standard two-year deadline, Colorado law says that "in no event" can a medical malpractice lawsuit be filed more than three years after the incident of alleged negligence. (This outside limit is what's usually called a "statute of repose.")

However, the law goes on to say that the three-year outside limit doesn't apply in certain circumstances, including when:

• the defendant purposefully concealed the alleged negligence
• the alleged malpractice consisted of leaving a foreign object in the patient's body that didn't belong there
• both the physical injury and its cause aren't known and couldn't reasonably be discovered, and
• the injured patient is a minor or is legally incompetent (more below on the special rules in these circumstances).

(Colo. Rev. Stat. § 13-80-102.5 (2025).)

Filing Deadlines for Minors and Incapacitated Patients

In medical malpractice cases where the injured patient was younger than six years old at the time of the alleged negligence, Colorado law allows the lawsuit to be filed any time before the child's eighth birthday. (Colo. Rev. Stat. § 13-80-102.5(3)(d) (2025).)

In the case of older minors (under the age of 18) or injured patients who are mentally disabled, the regular two-year filing deadline applies, but only if they have a legal representative when the right to file a lawsuit accrues. If their legal representative is appointed later, the two-year period begins when a representative is appointed for them. (Colo. Rev. Stat. § 13-81-103 (2025).)

Other Extensions for Colorado's Filing Deadline

Other circumstances might extend the time for filing a medical malpractice lawsuit in Colorado. For instance, if the injured patient is under a continuing course of treatment with the health care provider for a particular medical condition, the Colorado Supreme Court has held that the three-year period for the statute of repose doesn't begin until the last date of that treatment. (Comstock v. Collier, 737 P.2d 845 (Colo. 1987).)

Also, the statute-of-limitations clock is paused (or "tolled" in legal jargon) while a defendant is in hiding or is out of state and can't be served with legal papers for the lawsuit. (Colo. Rev. Stat. § 13-80-118 (2025).)

Colorado's Certificate of Review Requirement in Medical Malpractice Cases

Many states require injured patients to provide some kind of supporting proof when they file a lawsuit, or soon thereafter. Colorado's version of this requirement is called a "certificate of review."

Within 60 days after you've served a medical malpractice complaint on a defendant, your attorney must sign and file a certificate of review that declares both of the following:

• the lawyer has consulted with a qualified expert who has reviewed the facts of the case, including the medical records; and
• based on that review, the expert has concluded that the lawsuit "does not lack substantial justification," meaning that it's not frivolous or without legal grounds.

The judge can extend your time to file the certificate of review, if you can show a good reason why you need more time. Note that "I can't find an expert who'll say it was negligence" probably won't pass muster as a good reason.

Your expert must be qualified, by education, training, knowledge, and experience, to give an opinion about the alleged negligence in your case. If the defendant is a doctor who specializes in a particular medical field, the expert must practice or teach in the same or a similar specialty. If there's more than one defendant, you must file a separate affidavit of review for each one.

Your case will be dismissed if you don't meet the certificate of review requirements. (Colo. Rev. Stat. §§ 13-20-602, 13-64-401 (2022).)

Colorado's Limits on Damages in Medical Malpractice Cases

Many states have set caps on awards in medical malpractice cases, which limit the amount of compensation you can receive for damages—the losses you experienced as a result of the defendant's negligence. Most of these caps apply only to noneconomic damages like pain and suffering.

Colorado has two caps. The first applies only to noneconomic damages. This cap increases each year between 2025 and 2029 (see chart). Beginning in 2030, Colorado's secretary of state must adjust the cap for inflation every two years.

(Colo. Rev. Stat. § 13-64-302(c) (2025).)

The second cap applies to total damages, including those for medical bills, lost income, and diminished earning capacity. Total damages can't exceed the greater of:

• $1,000,000, or
• 125% of the noneconomic damages cap amount then in effect.

There's one exception to the total damages cap. If the court finds that a plaintiff's past and future economic damages would be more than the limit, and that it would be unfair to apply the cap, the court may award economic damages that put total damages over the cap amount. (Colo. Rev. Stat. § 13-64-302(b) (2025).)

Shared Liability Rules

In some medical malpractice cases, the defendant may argue that you're at least partially responsible for your own injuries—for instance, by not following the doctor's instructions. In this situation, Colorado follows what's known as the "modified comparative negligence" rule. The rule works like this:

• If the jury finds that the defendant's negligence caused you harm but that your own negligence also contributed to your damages, it will return a verdict that states the total amount of your damages and the percentages of fault attributable to you and the defendant.
• If your share of the fault was less than the defendant's, the judge will reduce your award proportionately. For example, if the jury awarded $100,000 in damages but found that you were 25% to blame for your losses, you would receive $75,000.
• If the jury found that your share of the blame was greater than that of the defendant, you wouldn't be entitled to any compensation.

(Colo. Rev. Stat. § 13-21-111 (2025).)

Next Steps

If you're thinking about filing a Colorado medical malpractice case, you'll most likely need to enlist the help of a good medical malpractice attorney. These cases are known for being among the most complex, costly, and time consuming of all personal injury claims.

Additionally, you'll be up against seasoned insurance company adjusters and defense lawyers who know how to make quick work of unrepresented litigants. Without legal counsel on your side, you stand little chance of success.