Political Rhetoric Concerning Medical Malpractice Caps by Presidential Candidates

Santorum on Medical Malpractice Caps Colorado Medical Malpractice Caps

Limits on medical malpractice caps are a hot topic in the news due to presidential election and Republican candidates pandering to constituents.  Case in point, candidate Rick Santorum has called for caps on medical malpractice cases despite the fact that his wife pursued a $500,000 lawsuit against her chiropractor in 1999, an amount which is $250,000 more than his suggested medical malpractice cap.  Denver medical malpractice lawyer James Avery of Avery Law Firm, has successfully tried medical malpractice cases in states whose legislatures have imposed limits on the amount of money that can be obtained through a medical malpractice case.

The controversy over medical malpractice caps is a hot topic for many victims in Colorado. Colorado medical malpractice caps are as follows according to Colo. Rev. State. 13-64-302:

$1 million cap on total damages, including any derivative claim by any other claimant, of which non-economic losses shall not exceed $300,000 (including any derivative claim by any other claimant). Upon good cause shown and if the court determines such limit would be unfair, the court may award damages in excess of the limit. In this case, the court may award the present value of additional future damages only for loss of such excess future earnings or such excess future medical and other health care costs, or both. (1988) Upheld, Scholz v. Metropolitan Pathologists P.C., 851 P.2d 901 (1993).

The limitations of this section are not applicable to a health care professional who is a public employee under the “Colorado Governmental Immunity Act” and are not applicable to a certified health care institution which is a public entity under the “Colorado Governmental Immunity Act”.


So what does that mean in plain English….There are two caps that apply in most malpractice cases. One is an overall cap of $1 million which can be set aside in some cases with future economic (hard money) damages, and the second is a cap on pain and suffering, etc. (non-economic general damages) of $300,000 (as part of the overall cap).  Cases with future economic losses can go over the overall cap.  To obtain a recovery in excess of the cap requires a specific trial preparation strategy.

The injured person’s ability to successfully pursue fair compensation from medical professionals for medical negligence is dependent upon the ability to produce credible testimony regarding the future consequences of their injury, which requires the participation of a practicing medical professional and economic experts. Denver medical malpractice lawyer James Avery of Avery Law Firm, has the experts you need to obtain fair compensation after you have suffered a disabling injury because of a medical professional’s negligence.

About the Firm

Avery Law Firm has 30 years experience in the fields of medical negligence (malpractice) and catastrophic injury, including decades of experience working within the framework of legislatively imposed damages caps.  The firm is based in Denver, Colorado, with offices in Indiana, and New York. If you have been seriously injured because of a health care provider or hospital’s negligence, James Avery can help you get the justice you deserve. Contact us today at (866) 987-4368.

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