A medical malpractice claim is a complicated undertaking in Colorado, especially compared to other civil cases. For one thing, the medical and legal issues common to these kinds of claims are complex, and most cases include the introduction of extensive treatment records, plus the detailed testimony of medical experts.
But a Colorado medical malpractice plaintiff (that's the person bringing the lawsuit) also must comply with certain procedural rules soon after filing the complaint (the initial legal document that sets out the allegations against the defendant health care provider). These safeguards have been put in place as part of tort reform efforts, which seek to discourage the filing of frivolous lawsuits, especially those related to injury. In this article, we'll summarize some of the most important of these rules in Colorado, including the "certificate of review" requirement for most medical malpractice lawsuits.
The "Certificate of Review" Requirement for Colorado Medical Malpractice Lawsuits
In any lawsuit alleging damages (injuries and other losses) due to the professional negligence of a licensed professional (including a doctor or other health care provider), Colorado law requires that the plaintiff's attorney file a "certificate of review" pertaining to each professional named in the lawsuit. So this procedural requirement applies to almost all medical malpractice lawsuits filed in Colorado's civil courts.
This certificate of review must be filed within 60 days after the defendant health care provider is served with the initial complaint, unless the plaintiff can show that "good cause" justifies additional time for getting the certificate filed.
This certificate must state that:
- the plaintiff's attorney has consulted a person with expertise in the area of the defendant's allegedly negligent action (or inaction), and
- the expert reviewed the case (including medical records) and concluded that the medical malpractice lawsuit "does not lack substantial justification" (in other words, the case has merit).
If the defendant is a physician, the certificate of review must include a declaration that the person consulted meets Colorado's qualifications for expert witnesses who will testify against physicians in medical malpractice lawsuits. (An expert witness is almost always required in order to prove that medical malpractice occurred; more on these requirements below.) For other licensed professional defendants, the certificate must simply declare that the expert has the education, training, experience, and knowledge to express a competent opinion about the defendant's alleged negligence.
Failure to file the required certificate of review will almost certainly result in the dismissal of your medical malpractice lawsuit, meaning you'll lose out on your chance of receiving a medical malpractice settlement or court award.
The certificate of review requirement is spelled out at Colorado Revised Statutes section 13-20-602.
Expert Witness Qualifications in Colorado Medical Malpractice Cases
In order to testify as an expert on issues of professional negligence in a medical malpractice lawsuit against a physician in Colorado, a proposed witness must be a licensed physician and must demonstrate that, due to knowledge and experience related to the "evaluation, diagnosis, and treatment" of the health condition or medical procedure at issue in the case, the expert is familiar with applicable standards of medical care as they relate to the defendant doctor's actions (or inaction) in treating or diagnosing the plaintiff.
It's also important to note that an expert witness must generally specialize in the same field as the defendant physician, unless the standards of care and practice in the two specialties are similar.
These expert witness qualifications are detailed at Colorado Revised Statutes section 13-64-401.
More Information on Colorado Medical Malpractice Cases
Besides the procedural rules we've discussed in this article, a Colorado medical malpractice plaintiff also needs to understand and meet the lawsuit filing deadline set by the Colorado statute of limitations for medical malpractice lawsuits. For more details on filing requirements and anything else related to a Colorado medical malpractice case—and of course, for legal advice that's tailored to your specific situation—it could be time to talk with an experienced Colorado medical malpractice lawyer.