Colorado Gov. Jared Polis signs law raising damages cap for medical malpractice claims

Coloradans injured by medical malpractice will soon be able to seek more money from insurers and health care providers under new limits signed into law Monday by Gov. Jared Polis., the state in coming years will raise various caps on civil damages in general, with some changes applying to medical malpractice cases. The general cap on noneconomic damages in civil lawsuits — typically for pain, suffering, impairment or other damages with subjective values — will rise to $1.

The damages cap for wrongful deaths will jump to $2.125 million, or up to $1.575 million for medical malpractice claims. “I’m really proud that we’ve been able to come up with a solution that is workable for the business community, for the health care community — and we’ll make sure that victims can be appropriately compensated, or more appropriately than they are today,” Rep. Kyle Brown, a Louisville Democrat, said at a signing ceremony Monday. He sponsored the bill with fellow Democratic Sen. Kyle Mullica and Republicans Sen. Bob Gardner and House Minority Leader Rose Pugliese.

The trial lawyers had prepared a ballot measure that would fully eliminate some of the caps. In response, the insurance industry had backed legislation modestly increasing the limits. Opponents of the trial lawyers had also advanced their own ballot measures, including one that would’ve limited the fees paid to lawyers.

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