Is there a time limitation on filing a malpractice lawsuit against a hospital? My son, at age 13 years, suffered a brain injury from an auto-accident in April of 1999. His injuries were made worse because his nurses did not take proper precautions, and he extubated himself while in ICU.
1 Answer from Attorneys
Re: malpractice law
Medical malpractice actions typically must be brought within two years of the date that you knew or reasonably should have know that you had a cause of action. Though that two year period likely has expired, the fact that your son is an incapacitated minor would have an impact on the timeframe for his claims, but not any that you may be able to assert derivatively.
Also, the Colorado Governmental Immunity Act requires that you provide formal written notice of claim against any governmental entity or employee no later than 180 days after the cause of action accrues so, depending on what hospital, there may be another time sensitive issue to deal with on that front.
Did you bring, or consider bringing, suit related to the underlying accident? The Auto Reparations Act allows you to file suit up to 3 years after the date of injury. That is another option you should explore.
I would be glad to chat with you in more detail if you would like. Feel free to give us a call at your convenience. Very truly, Peter W. Thomas