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 close to the outset, soon after the filing of the complaint (which 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 (injury) due to the professional negligence of a licensed professional (including a doctor or other health care provider) in Colorado, the plaintiff's attorney must 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 (that's the document that starts the lawsuit), 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 who has expertise in the area of the defendant's allegedly negligent action (or inaction), and
• the expert reviewed the plaintiff's case, including medical records, and concluded that the filing of the medical malpractice lawsuit "does not lack substantial justification" (the case has merit, in other words).

What's more, if the defendant health care provider is a physician, the certificate of review must include a declaration that the person consulted meets the qualifications of an expert witness for medical malpractice lawsuits under Colorado law (an expert witness is almost always required in order to prove that medical malpractice occurred; more on these requirements in the next section).

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 him/herself, and
• 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, he or she is familiar with applicable standards of medical care as they relate to the defendant health care provider's action (or inaction) in treating the plaintiff.

It's also important to note that a medical professional who specializes in one field cannot usually testify against a physician who specializes in another field, 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 be aware of -- and be in compliance with -- the lawsuit filing deadline set by the Colorado statute of limitations for medical malpractice lawsuits. And 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.