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Statutes of Limitations: Medical or Health care Statue of Limitations

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Except as otherwise provided, no action alleging negligence, breach of contract, lack of informed consent, or other action arising in tort or contract to recover damages from any health care institution, or any health care professional, shall be maintained unless such action is instituted within two years after the date that such action accrues. But in no event shall an action be brought more than three years after the act or omission which gave rise to the action.¹

The limitation of actions shall not apply under the following circumstances:²

1. If the act or omission which gave rise to the cause of action was knowingly concealed by the person committing such act or omission, in which case the action may be maintained if instituted within two years after the person bringing the action discovered, or in the exercise of reasonable diligence and concern should have discovered, the act or omission; or
2. If the act or omission consisted of leaving an unauthorized foreign object in the body of the patient, in which case the action may be maintained if instituted within two years after the person bringing the action discovered, or in the exercise of reasonable diligence and concern should have discovered, the act or omission; or
3. If both the physical injury and its cause are not known or could not have been known by the exercise of reasonable diligence; or
4. If the action is brought by or on behalf of:
1. A minor under eight years of age who was under six years of age on the date of the occurrence of the act or omission for which the action is brought, in which case the action may be maintained at any time prior to his attaining eight years of age; or
2. A person otherwise under disability.³

¹ C.R.S. 13-80-102.5, 2002. “Health care institution” means any hospital, health care facility, dispensary, clinic, or other institution which is licensed or certified as such under the laws of this state. C.R.S. 13-80-102.5(2)(a), 2002. “Health care professional” means any physician, nurse, dentist, chiropractor, pharmacist, optometrist, psychologist, podiatrist, physical therapist, or other health care practitioner who is licensed to perform such profession under the laws of this state. C.R.S. 13-80-102.5(2)(b), 2002. Back
² C.R.S. 13-80-102.5(3), 2002. Back
³ “Person under disability” is defined in C.R.S. 13-81-101, 2002. In such case the action may be maintained within the time period as provided in C.R.S. 13-81-103. C.R.S. 13-81-102.5(d)(II), 2002. Back