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Dental Malpractice -- stature of limitation question
Anonymous2 views1 answers
A bridge #29 to #31 was seated on 04/5/2006. On 12/4/2007 another dentist (I left the first dentist) realized #29 is severly decayed under the bridge and need to be extracted (I had no pain or any other sign for this decay and I didn't know about it till was told on 12/4/2007 the day the dentist noticed the decay).
On 10/15/2009 I filed in a Small Claims court against the first dentist and his attorney wrote: (1) C.R.S 13-80-102.5 (.. in no event shall an action be brought more than three years after the act or omission which gave rise to the action) (2) C.R.S 13-80-102.5 (no action to recover damages from health care provider shall be maintained unless it's instituted within two years after the action accrues).
Isn't it two years from the moment I was informed on 12/4/2007?
Given the information you provide, it is unlikely that a court would allow your claim to proceed. The statute of limitations is strictly enforced by Colorado courts, and since you filed your claim more than three years after the alleged negligent care I do not believe the claim will be allowed. The fact that you became aware of the decay within the statute of limitations period, learning of the problem on 12/04/07 with the two year period ending on 4/05/08, will work against an argument that the period should begin running from the 12/04/07 date.
The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.
