Colorado Senate Bill 164 proposes raising malpractice caps
The Colorado Senate is slated to vote on a proposal to raise caps in medical malpractice lawsuits. Currently non-economic damages are capped at $300,000. Sen. Peter Groff, D-Denver and Rep. Terrance Carroll, D-Denver are proposing the increase to be inflation-adjusted this year. Senate bill 164 also proposes that whatever the new cap becomes, that it be subject to potential doubling as in general liability cases now for extreme circumstances if a judge determines it is justified. Under the new bill, damages for physical impairment or disfigurement, previously considered non-economic, will now be considered as economic damages with a cap of $1 million. Current law allows judges to override the caps for economic losses if they feel the plaintiffs losses exceed $1 million. The new bill does not change that provision. Groff has said he supports the legislation because he believes the current medical malpractice system is unfair. “The caps haven't been adjusted for almost a decade and this isn't about trial lawyers or insurance companies -- it's about justice for the victims,” Groff said regarding an earlier draft of the bill late January. Supporters say the proposal would give victims better compensation when medical procedures are responsible for impairment of disfigurement.
