Colorado Statute of Limitations for Medical Malpractice
In Colorado, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Colo. Rev. Stat. § 13-80-102.5.
- 2 years from the date the cause of action is known or should have been known, with a 3-year statute of repose.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the date the cause of action is known or should have been known, with a 3-year statute of repose.
General Colorado Rules
Colorado uses a two-tier system: shorter periods (2 years) for tort claims and longer periods (6 years) for contract claims. The discovery rule applies broadly to medical malpractice and fraud claims. Colorado also has a general tolling provision for minors and persons under disability.
Other Statutes of Limitations in Colorado
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Colorado?
The statute of limitations for medical malpractice in Colorado is 2 years. Citation: Colo. Rev. Stat. § 13-80-102.5.
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When does the clock start for medical malpractice in Colorado?
2 years from the date the cause of action is known or should have been known, with a 3-year statute of repose.
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Can the statute of limitations for medical malpractice be extended in Colorado?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.