Current through 2023 Legislative Session
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.Amended by 2020 Ch. 238, §2, eff. 9/14/2020.Amended by 2013 Ch. 276, §1, eff. 8/7/2013.L. 88: Entire section added, p. 626, § 1, effective July 1.
Section 7(2) of chapter 238 (HB 20-1014), Session Laws of Colorado 2020, provides that the act changing this section applies to causes of action arising or offenses committed on or after September 14, 2020.