Colorado Medical Malpractice Laws

Colorado requires a certificate of review from a qualified expert within 60 days of serving a medical malpractice complaint. HB24-1472 (2024) significantly increased noneconomic damage caps on an incremental schedule — from $550,000 in 2025 to $1,575,000 by 2029, with biennial inflation adjustments thereafter. The statute of limitations is 2 years from discovery with a 3-year statute of repose.

Last verified: 2026-02-25

Statute of Limitations

2 years from discovery; 3-year reposeC.R.S. § 13-80-102.5

Medical malpractice claims must be filed within 2 years from when the injury and its cause are known or should have been known. The absolute statute of repose is 3 years from the act or omission, unless the defendant purposefully concealed the negligence.

Damage Caps

Non-Economic Damages (Incremental Schedule): $810,000 (2026)C.R.S. § 13-64-302

HB24-1472 established an incremental schedule: $550,000 (2025), $810,000 (2026), $1,065,000 (2027), $1,320,000 (2028), $1,575,000 (2029). Biennial inflation adjustments begin 2030.

Total Damages Cap: Greater of $1,000,000 or 125% of noneconomic capC.R.S. § 13-64-302

Total damages (economic + noneconomic) are capped at the greater of $1,000,000 or 125% of the applicable noneconomic cap. The court may exceed this cap if it finds the cap would be "unfair" given the plaintiff's economic damages.

Filing Requirements

Certificate of ReviewC.R.S. § 13-20-602

Within 60 days of serving the lawsuit on each defendant health care professional, the plaintiff must file a certificate of review confirming that a qualified expert has reviewed the claim and found the standard of care was breached. Failure to comply results in dismissal.

Expert QualificationsC.R.S. § 13-20-602

The reviewing expert must practice in the same or similar specialty as the defendant healthcare provider.

Key Colorado Statutes

HB24-1472 (Damage Cap Reform)C.R.S. § 13-64-302 (as amended)

Landmark 2024 legislation dramatically increasing medical malpractice damage caps on an incremental schedule from 2025 through 2029, replacing the previous ~$300,000 noneconomic cap.

Official Sources

Colorado Legislature — Health Care Actions HB24-1472 (Bill Text)

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Colorado Legislature — Health Care Actions. For advice about your specific situation, consult a licensed attorney.

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