Colorado Medical Malpractice Laws
The cap on noneconomic damages is $300,000, with a cap of $1 million for total damages. The statute of limitations is two years from the date of injury (no more than three years from the date of incident) – for foreign objects, two years from the date of discovery; for minors under age 6, by the age of 8. Several liability but no joint liability. No limitation on attorney fees. Periodic payments required if damages awarded exceed $150,000 (present value). Certificate of review required to be signed by the claimant or his/her attorney that the attorney consulted with an appropriate exert who has reviewed the appropriate facts and records and has concluded that the complaint does not lack substantial justification. Experts in medical malpractice cases against physicians must be licensed physicians with appropriate qualifications to be able to testify that they are substantially familiar with the applicable standards of care – experts in claims against a medical subspecialty must either be in the same subspecialty or show that the standards of care in the two subspecialties are similar.