Louisville Medical Malpractice Lawyers Who Take On Hospitals and Defend What You Lost

Common malpractice scenarios we investigate for Louisville-area patients include surgical errors, misdiagnosis or delayed diagnosis of cancer and cardiac conditions, hospital-acquired infections from failures in infection control, medication errors, anesthesia complications, and birth injuries. Every situation is fact-specific. If you are unsure whether what happened to you qualifies, the free evaluation is the right first step.

• Discovery rule: you generally have two years from when you discovered, or reasonably should have discovered, that your injury was caused by medical negligence. This is when the clock starts in most Louisville malpractice cases.
• Statute of repose: in most cases the claim is barred three years after the date the negligent act occurred, regardless of when you discovered it. Narrow exceptions exist, such as when a foreign object is left inside the body or when the provider concealed the negligence.
• Minors: for an injured child under 18, the limitation period typically does not begin until the child turns 18, though the claim must generally be filed before the child's 20th birthday in most circumstances.
• Government-run facilities: if the negligence occurred at a facility operated by a public entity, a written notice of claim must be filed within 182 days of discovering the injury under the Colorado Governmental Immunity Act (C.R.S. 24-10-109(1)). This notice is a jurisdictional prerequisite. Missing it bars the claim against that entity regardless of how strong the underlying malpractice case is.

The 60-day Certificate of Review window starts running once the complaint is filed, and the certificate requires a qualified expert who has already reviewed the records. That expert work takes time. Between the SOL, the repose period, and the certificate deadline, the practical reality is that Louisville malpractice cases need to be evaluated promptly, not on the day before a deadline.

How the HCAA caps apply to your Louisville case

Colorado's Health Care Availability Act (C.R.S. 13-64-302(1)(c)) caps non-economic damages in medical malpractice cases, and those caps increased on a fixed schedule starting January 1, 2025 under House Bill 24-1472. The cap that applies depends on when the negligent act or omission occurred:

• 2025: $415,000 cap on non-economic damages for a general malpractice claim
• 2026: $530,000 cap
• 2027: $645,000 cap
• 2028: $760,000 cap
• 2029: $875,000 cap

If the malpractice caused a wrongful death, a separate and higher cap applies under C.R.S. 13-21-203(1)(b): $555,000 for deaths resulting from negligence occurring in 2025, rising to $810,000 in 2026, $1,065,000 in 2027, $1,320,000 in 2028, and $1,575,000 in 2029. Economic damages, including all medical bills, future care costs, and lost earning capacity, remain uncapped under both tracks. In catastrophic Louisville malpractice cases, well-documented economic losses can significantly exceed the non-economic cap, which is why the structure of the damages build matters as much as proving liability.

We work on a contingency fee. You pay nothing unless we win, and we advance the expert witness fees, record retrieval costs, and investigation expenses that malpractice cases require so that cost is never a reason to walk away from a valid claim.