In most civil claims, the victims of negligence see an attorney and begin pursuing fair compensation for their injuries. However, a medical malpractice claim is a little different.
Because there has been widespread interest in eliminating “frivolous” malpractice claims, Colorado has a procedure that requires every potential medical malpractice plaintiff to go through an extra step before they can seek justice. This is known as the “certificate of review.”
How does a certificate of review work?
Once you have served notice to the defendant (or defendants) in your case, you have 60 days to file a certificate of review that, in essence, attests to the veracity of your claims.
To be valid, the certificate of review must state that:
- The plaintiff has consulted a professional with expertise in the area of medicine that pertains to the alleged negligence.
- The expert is a licensed physician in the same or similar specialty as the defendant and the appropriate training and experience to express a competent opinion.
- The expert has reviewed all of the known facts, documents and other information. available related to the alleged medical negligence.
- The expert has concluded that the plaintiff’s claim does “not lack substantial justification.”
Without this certificate of review, your medical malpractice claim will almost surely end up being dismissed.
Medical malpractice claims aren’t easy to manage alone
It’s difficult to pursue any kind of personal injury claim, but medical malpractice lawsuits have extra layers of complexity to them that can take a plaintiff by surprise. If you believe that you’ve been the victim of medical negligence or your loved one died from medical mistakes, take immediate steps to protect your legal interests.
