C.R.S. Section 13-80-102.5
Limitation of actions

  • medical or health care

(1)

Except as otherwise provided in this section or section 25.5-4-307, C.R.S., 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, as defined in paragraph (a) of subsection (2) of this section, or any health-care professional, as defined in paragraph (b) of subsection (2) of this section, shall be maintained unless such action is instituted within two years after the date that such action accrues pursuant to section 13-80-108 (1), but in no event shall an action be brought more than three years after the act or omission which gave rise to the action.

(2)

For the purposes of this section:

(a)

“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.

(b)

“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.

(3)

The limitation of actions provided in subsection (1) of this section does not apply under the following circumstances:

(a)

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

(b)

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

(c)

If both the physical injury and its cause are not known or could not have been known by the exercise of reasonable diligence; or

(d)

If the action is brought by or on behalf of:

(I)

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

(II)

A person otherwise under disability as defined in section 13-81-101, in which case the action may be maintained within the time period as provided in section 13-81-103.

(e)

If the claim arises against a health care provider pursuant to section 13-21-132.

Source: Section 13-80-102.5 — Limitation of actions - medical or health care, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13–80–101
General limitation of actions - three years 13–80–102
General limitation of actions - two years 13–80–102.5
Limitation of actions - medical or health care 13–80–103
General limitation of actions - one year 13–80–103.5
General limitation of actions - six years 13–80–103.6
General limitation of actions - domestic violence - six years - definition 13–80–103.7
General limitation of actions - sexual misconduct - third-party liability - definition 13–80–103.8
Limitation of civil forfeiture actions related to criminal acts 13–80–103.9
Limitation of actions - failure to perform a background check by a public entity - injury to a child 13–80–104
Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others 13–80–105
Limitation of actions against land surveyors 13–80–106
Limitation of actions against manufacturers or sellers of products 13–80–107
Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment 13–80–107.5
Limitation of actions for uninsured or underinsured motorist insurance - definitions 13–80–108
When a cause of action accrues 13–80–109
Limitations apply to noncompulsory counterclaims and setoffs 13–80–110
Causes barred in state of origin 13–80–111
Commencement of new action upon involuntary dismissal 13–80–112
When action survives death 13–80–113
New promise - effect of payment 13–80–114
Promise by one of parties in joint interest 13–80–115
Endorsement by payee - effect 13–80–116
Action against joint debtors or obligors 13–80–117
No dismissal for nonjoinder 13–80–118
Absence or concealment of a party subject to suit 13–80–119
Damages sustained during commission of a felonious act or in flight from the commission of a felonious act
Green check means up to date. Up to date

Current through Fall 2024

§ 13-80-102.5’s source at colorado​.gov