Medical Malpractice Statute of Limitations

Medical Malpractice Lawyers

Being injured at the hands of a doctor, surgeon, or another medical professional can be jarring. As you heal from your injuries and learn more about how they happened and the role of medical malpractice in causing you harm, you may consider filing a medical malpractice lawsuit against the at-fault provider or hospital. Filing a medical malpractice claim may be the only way to recover compensation for the value of your losses and hold the responsible party liable for your damages.

But filing a medical malpractice claim can be complicated, and is a process that is governed by a number of regulations. One such regulation is that of the statute of limitations. If you think that you have a medical malpractice claim in Grand Junction and want to learn more about your rights, reach out to our legal team today.

What Is a Statute of Limitations?

A statute of limitations is a limit on the amount of time that you have to pursue an action – in this case, a civil medical malpractice suit. Typically, the clock on the statute of limitations starts ticking from the date that the malpractice occurred, or from the date that the malpractice was discovered, which may be weeks, months, or years after the actual malpractice happened. 

A statute of limitations is intended to ensure that all claims are brought forth in a reasonable amount of time, reducing the risk of untenable claims, as well as the risk of evidence being destroyed. 

If a suit is not filed within the statute of limitations, then the claimant (victim) will most likely be barred from recovery unless special circumstances apply. 

The standard statute of limitations in a medical malpractice claim in Colorado is two years. However, the code (Colorado Revised Statutes Section 13-80-102.5) reads that in no case shall more than three years pass from the date of the cause of action, unless the act involved the defendant’s fraud, a foreign object was left within a patient, or the injury could not have reasonably been discovered. There are also specific regulations regarding the statute of limitations for cases involving children. 

It’s Important to Act Quickly

If you think that you have a medical malpractice claim, it’s important to act quickly, and not just because the statute of limitations will expire if you wait too long. By meeting with an attorney and opening a medical malpractice case as soon as possible, you can improve the chances of evidence still being fresh and relevant, and you can improve the chances of recovering the settlement that you deserve sooner rather than later. In most cases, acting quickly can improve your overall case outcome, too. 

Our Grand Junction Medical Malpractice Lawyers Can Help

At the office of the Cimarron Ridge Legal Group, we know that being harmed by your doctor is scary. If you have been hurt and aren’t sure what your rights are, our Grand Junction medical malpractice lawyers are here to guide you through the financial recovery process. Please reach out to us today to learn how we can support you.