Bill to Raise Medical Malpractice Caps Passes Colorado Senate

By Thomas Hall

Published on February 29, 2008

Although opposed by the largest medical malpractice insurer in the state, as well as some doctors, the new bill passed the preliminary approval stage in an 18-15 vote.

The new caps would focus on non-economic damages, such as pain and suffering, and would be raised to $450,000 to match the amount of damages available in other types of personal injury lawsuits. Under the proposed bill, claimants would also be allowed to pursue separate damages for "disfigurement and impairment."

Currently, the cap for non-economic losses in medical malpractice cases is $300,000, whereas in general liability cases, the cap is $366,000. Economic losses, which would encompass disfigurement and physical impairment under the new bill, are capped at $1 million and would remain the same if the legislation passes.

Opponents of the bill say many physicians may leave Colorado due to increases in medical malpractice insurance costs associated with the law. Others say that the bill would allow victims of medical malpractice to obtain fair compensation for their injuries.

In order to move on to the House, the bill must receive one more vote of approval in the Senate.

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