Colo. Rev. Stat. » Title 13

Colo. Rev. Stat. § 13-80-102.5

Limitation of actions - medical or health care

Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(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.

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.

Notes of Decisions
Cited in 27 cases (7 in the last 5 years), 1989–2025 · leading case: Colburn v. Kopit
Sort: Relevance Newest Treatment
Colburn v. Kopit (2002) coloctapp · cites it 5× “Section 13-80-102.5, C.R.9.2001. The term "health care professional" is defined to refer to any physician, psychologist, or other health care worker "who is licensed to perform such profession under the laws of this state.”
Elgin v. Bartlett (1999) colo · cites it 13× “In their brief to the trial court, they argued that the two-year statute of limitations under section 13-80-102.5(1), 5 C.R.S. (1999) (action must be brought not more than two years after the date that such action accrues) was tolled by operation of sections 13-80-102.”
Hane by and Through Jabalera v. Tubman (1995) coloctapp · cites it 13× “Defendant also filed a motion for summary judgment asserting that plaintiffs claim was time barred pursuant to § 13-80-102.5, C.R.S. (1994 Cum.Supp.). The court granted this motion.”
Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C. (2004) colo · cites it 4× “Section 13-80-102.5 applies this definition of accrual to medical malpractice actions.”
Francis RUDNICKI and Pamela Rudnicki, as parents, guardians and next friends of Alexander Rudnicki, a minor child v. Pet (2021) colo · cites it 14× “Bianco moved to dismiss, asserting, in pertinent part, that Alexander's parents did not bring their individual claims against him within the applicable two-year statute of limitations set forth in section 13-80-102.5 , C.R.S.”
Lavarato v. Branney (2009) coloctapp · cites it 2× “Section 13-80-102.5 provides that an action for negligence against a health care professional must be brought within two years after it accrues.”
Hurtado v. Brady (2007) coloctapp · cites it 2× “The trial court agreed, holding that § 13-80-102.5 barred Hurtado's first and second claims for relief and that the six-year statute of limitations provided by § 13-80-108.”
Owens v. Okure (1989) scotus “§ 13-80-102 (a) (1987) (two years for “[t]ort actions, including but not limited to actions for negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships”); Colo. Rev. Stat. § 13-80-102.5 (Supp.”
Walters v. Cleveland Regional Medical Center (2010) tex · cites it 2× “5 (West 2010) (excepting from the healthcare-liability repose period claims involving fraud, intentional concealment, and presence of a foreign body); Colo.Rev.Stat. § 13-80-102.5(3)(a) (2009) (excepting actions that were knowingly concealed from the repose period); Miss.”
Quiroz v. Goff (2002) coloctapp · cites it 4× “See § 13-80-102.5, C.R.S.2001. They dispute when the claims against Goff accrued.”
Pressey ex rel. Pressey v. Children's Hospital Colorado (2017) coloctapp · cites it 2× “See § 13-80-102.5, C.R.S. 2016 (limitation of medical or health care actions).”
Methodist Healthcare System of San Antonio, Ltd., L.L.P., W.C. Schorlemer, M.D., and Robert Schorlemer, M.D. v. Emmalene (2010) tex “5 (West 2010); Colo.Rev.Stat. § 13-80-102.5(3)(b) (2009); Ga.”
Show all 27 citing cases →
— Colo. Rev. Stat. § 13-80-102.5(1) — 7 cases
Elgin v. Bartlett (1999) colo “In their brief to the trial court, they argued that the two-year statute of limitations under section 13-80-102.5(1), 5 C.R.S. (1999) (action must be brought not more than two years after the date that such action accrues) was tolled by operation of sections 13-80-102.”
Bartlett v. Elgin (1999) coloctapp
Perez v. Witham (2000) coloctapp
Liscio v. Pinson (2003) coloctapp
Andersen v. Lindenbaum (2005) coloctapp
— Colo. Rev. Stat. § 13-80-102.5(2)(b) — 1 case
Colburn v. Kopit (2002) coloctapp “Section 13-80-102.5, C.R.9.2001. The term "health care professional" is defined to refer to any physician, psychologist, or other health care worker "who is licensed to perform such profession under the laws of this state.”
— Colo. Rev. Stat. § 13-80-102.5(3) — 2 cases
Elgin v. Bartlett (1999) colo “In their brief to the trial court, they argued that the two-year statute of limitations under section 13-80-102.5(1), 5 C.R.S. (1999) (action must be brought not more than two years after the date that such action accrues) was tolled by operation of sections 13-80-102.”
Hane by and Through Jabalera v. Tubman (1995) coloctapp “Defendant also filed a motion for summary judgment asserting that plaintiffs claim was time barred pursuant to § 13-80-102.5, C.R.S. (1994 Cum.Supp.). The court granted this motion.”
— Colo. Rev. Stat. § 13-80-102.5(3)(a) — 1 case
Walters v. Cleveland Regional Medical Center (2010) tex “5 (West 2010) (excepting from the healthcare-liability repose period claims involving fraud, intentional concealment, and presence of a foreign body); Colo.Rev.Stat. § 13-80-102.5(3)(a) (2009) (excepting actions that were knowingly concealed from the repose period); Miss.”
— Colo. Rev. Stat. § 13-80-102.5(3)(b) — 2 cases
Methodist Healthcare System of San Antonio, Ltd., L.L.P., W.C. Schorlemer, M.D., and Robert Schorlemer, M.D. v. Emmalene (2010) tex “5 (West 2010); Colo.Rev.Stat. § 13-80-102.5(3)(b) (2009); Ga.”
Walters v. Cleveland Regional Medical Center (2010) tex “5 (West 2010) (excepting from the healthcare-liability repose period claims involving fraud, intentional concealment, and presence of a foreign body); Colo.Rev.Stat. § 13-80-102.5(3)(a) (2009) (excepting actions that were knowingly concealed from the repose period); Miss.”
— Colo. Rev. Stat. § 13-80-102.5(3)(c) — 1 case
Lewis v. United States (2023) cod
— Colo. Rev. Stat. § 13-80-102.5(3)(d)(I) — 1 case
Hane by and Through Jabalera v. Tubman (1995) coloctapp “Defendant also filed a motion for summary judgment asserting that plaintiffs claim was time barred pursuant to § 13-80-102.5, C.R.S. (1994 Cum.Supp.). The court granted this motion.”
— Colo. Rev. Stat. § 13-80-102.5(3)(d)(II) — 3 cases
Elgin v. Bartlett (1999) colo “In their brief to the trial court, they argued that the two-year statute of limitations under section 13-80-102.5(1), 5 C.R.S. (1999) (action must be brought not more than two years after the date that such action accrues) was tolled by operation of sections 13-80-102.”
Hane by and Through Jabalera v. Tubman (1995) coloctapp “Defendant also filed a motion for summary judgment asserting that plaintiffs claim was time barred pursuant to § 13-80-102.5, C.R.S. (1994 Cum.Supp.). The court granted this motion.”
Bartlett v. Elgin (1999) coloctapp
— Colo. Rev. Stat. § 13-80-102.5(8) — 1 case
Perez v. Witham (2000) coloctapp
— Colo. Rev. Stat. § 13-80-102.5(a) — 1 case
Bartlett v. Elgin (1999) coloctapp
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.