§ 13-80-102.5 — Limitation of actions - medical or health care

Colorado § 13-80-102.5

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Limitations - Personal Actions

Text

(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.

Legislative History

Source: L. 88: Entire section added, p. 626, � 1, effective July 1. L. 2013: (1) amended, (SB 13-205), ch. 276, p. 1440, � 1, effective August 7. L. 2020: IP(3) amended and (3)(e) added, (HB 20-1014), ch. 238, p. 1154, � 2, effective September 14.