Colorado (CO) Medical Malpractice Laws

Everything you need to know about filing a medical malpractice claim in Colorado.

Damage Cap

$300,000 non-economic damages (adjusted for inflation; approximately $468,000 as of recent adjustments). Total damages capped at $1,000,000 (adjusted).

Statute of Limitations

2 years from the date of the act giving rise to the claim

Discovery Rule

Colorado applies the discovery rule, but it is subject to a hard 3-year statute of repose from the act or omission.

Pre-Filing Requirements

Plaintiffs must file a certificate of review from a qualified expert within 60 days of filing the complaint.

Average Settlement

$200,000 - $475,000

Average Verdict

$350,000 - $1,100,000

Key Facts About Colorado Medical Malpractice Law

  • 1Colorado requires a certificate of review from a qualified expert to be filed within 60 days of the complaint.
  • 2The state follows a modified comparative fault system with a 50% bar — plaintiffs 50% or more at fault are barred.
  • 3Colorado's Health Care Availability Act governs medical malpractice claims and imposes specific procedural requirements.
  • 4Punitive damages in Colorado are generally capped at the amount of actual damages but may not exceed $500,000 without specific findings.

Need Help with a Colorado Medical Malpractice Case?

If you believe you have a medical malpractice claim in Colorado, it is important to act quickly. The statute of limitations in Colorado is 2 years from the date of the act giving rise to the claim. Most medical malpractice attorneys offer free initial consultations.