QUESTION
Can the statutes of limitations be tolled in a wrongful death case in Colorado during the period pending the issuance of the Certificate of Death?
Asked on Jun 12th, 2014 on Medical Malpractice - Colorado
More details to this question:
My uncle, for whom I am personal and legal representative is disabled with Parkinson's disease. He was issued several prescription medications from Walgreens Pharmacy which when taken concurrently, may result in death. The drugs are Selegiline and Amitryptiline. No warnings or instructions were given. No information regarding the risks of toxic interaction were discussed. The pharmacist failed to contact the physician or otherwise refuse to fill the orders. My uncle died shortly thereafter. When the coroner issued the Certificate of Death, I noticed the Cause of Death was "Complications of Parkinson's disease." I immediately started to investigate exactly what "complications" may be considered as a cause of death. I discussed this matter with a licensed pharmacist at Wal-Mart. He asked what medications my uncle was taking. I returned to the pharmacist with his medications, and the pharmacist reviewed them. Suddenly, he mentions that the drugs Selegiline and Amitryptiline can not be taken together, and that if they were, it would possibly result in death. I have preserved the prescription containers and all related evidence against Walgreens pharmacy in this regard. It has been just under two years since the discovery of this cause of action against Walgreen's.
1 ANSWER
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My sincere sympathy on the loss of your uncle.
There is a two year statute of limitations for medical malpractice claims in Colorado, you must file your claims within two years of the negligent care or lose your right to do so. However, there is an exception which allows for a different start date for the running of the period - the discovery rule allows certain medical malpractice claims that are not easily determined to not expire until the injury or loss is discovered or should reasonably have been discovered. Arguably the point at which you as executor should have known that malpractice possibly caused your uncle's demise would have been at the time of the issuance of the death certificate. A Colorado court may allow you to proceed if you file a complaint within two years of the date of the death certificate.
Answered on Jun 12th, 2014 at 3:55 PM