APRIL 6, 2009 – The Denver Post reported today that a bill to raise medical malpractice lawsuit caps – yet to be filed – is expected to be sponsored by U.S. Representative Christine Scanlan, D-Dillon. The proposed legislation, if passed, would raise medical malpractice caps on noneconomic “pain and suffering” damages in Colorado. As the law stands currently, a person suing for medical malpractice can recover $300,000 for pain and suffering. Damages including actual medical expenses are capped at $1 million, although a judge may approve a higher damage award. The proposed legislature would provide for an annual inflationary increase on noneconomic damages. A similar bill cosponsored in 2008 by Representative Terrance Carroll, D-Denver, and Senate President Peter Groff, D-Denver, failed in the House Judiciary Committee. The medical malpractice cap was set at $250,000 in 1988 and adjusted to $300,000 in 2003.
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