Recently, the state of Colorado signed a law that will increase the wrongful death and non-economic damages caps for medical malpractice cases. The bill will allow victims of medical malpractices and their loved ones to claim more compensation for their pain, suffering, and other losses.

Under House Bill 1472, Colorado will lift the non-economic damages caps for medical malpractice from $300,000 to $875,000. At the same time, the damages cap for medical malpractice cases resulting in wrongful deaths will reportedly jump to $1.575 million from $300,000. The law permits the siblings of a deceased medical malpractice victim to file wrongful death suits on behalf of their relative in certain settings.

Both the non-economic and wrongful death damages limitations will raise biennially over the course of 5 years for inflation starting January 1, 2025. Meanwhile, the wrongful death damage caps will track inflation beginning January 1, 2028.

Despite the increase in limits on medical malpractice claims, caps can still restrict access to justice, particularly for victims whose pain and suffering primarily impact their quality of life, and those family members who wrongfully lost a loved one due to medical negligence. 

What is Medical Malpractice?

Generally, medical malpractice is defined as medical care that does not meet the established and accepted quality standard of care. It happens when a professional healthcare worker fails to provide the required degree of care a similarly trained professional would have. Medical malpractice occurs when the wrongdoing or negligence of a healthcare professional leaves the victims injured or, worse, dead. 

Medical malpractice can manifest in various ways. Here are some examples of medical malpractice cases:

• Surgical errors, such as operating on the wrong body part or leaving surgical instruments or other foreign objects inside the patient
• Birth injuries such as failure to monitor the condition of the mother or the baby, or improper use of birthing tools
• Misdiagnosis or delayed diagnosis
• Medication errors, such as prescribing the wrong dosage or drug or failing to assess possible drug interactions or allergies
• Failure to disclose potential hazards or adverse effects of medical procedures or treatments to patients

What are the Damages in Medical Malpractice Cases?

Medical malpractice can cause devastating and traumatic effects on patients and their loved ones. They may suffer damages, both economic and non-economic, that will physically, financially, psychologically, and emotionally hinder their way of life. 

In medical malpractice cases, economic damages are losses with specific monetary equivalents. They are quantifiable setbacks calculated in financial terms. Examples of these are past medical expenses, future medical costs or Life Care Plans, and lost income. In wrongful death cases, economic damages include funeral expenses, loss of inheritance, and other out-of-pocket losses as a result of your loved one’s death. 

On the other hand, non-economic damages are considered intangible. These include permanent disabilities and impairments, grief as well as pain and suffering, which do not have exact financial values. In Colorado, caps limit the compensation a victim can receive for the damages they incur after a medical malpractice case. 

For example, at the current cap, the death of a baby at the time of death has a value of $300,000, or the loss of a limb has a non-economic damage cap of $300,000.00. Advantageously, the cap has increased. However, the adjusted cap still hinders the right of a jury to compensate the victims for what they believe their losses are. It allowed politicians and insurance companies to dictate the value of the damages.

How Damage Caps Control Access to Justice

Damage caps in Colorado can cause a significant drawback to justice for the following reasons:

1. Damage caps make filing a claim strenuous due to the costs associated with advancing a lawsuit. A medical malpractice lawsuit requires the injured party to consult with and obtain professional opinions from independent doctors. These doctors can evaluate whether the conduct of the defendant failed to meet the accepted standard of care. The cost of filing a claim can be extremely high. If the damages are capped, the costs connected with a lawsuit will outweigh the costs to the injured parties.

2. Damage caps fail to recognize the pain and suffering of the victims. Limits on non-economic damages undervalue the extent of the anguish and losses of medical malpractice victims. The caps treat a lifetime of agony the same as a minor distress.

3. Damage caps impose an uneven impact on victims. Medical malpractice victims, like retirees, stay-at-home parents, or children, do not have an economic claim for wages or benefits. Therefore, their losses are mostly non-economic. Unlike high-earning individuals, they may not be able to receive a significant amount of compensation in proportion to the losses they suffer.

4. Damage caps create a misconception about Colorado’s legal system. The caps may affect the perception of the public. Some may think that the law favors and prioritizes economic productivity over the quality of human life. People may eventually lose their faith in both the healthcare and legal systems.

5. Damage caps reduce the sense of accountability of healthcare professionals. Limits on medical malpractice damages may lead to more wrongdoing or negligence. Standards of care can fall when the healthcare system and providers become influenced by financial benefits, which downplay safety.

It is important to work with a lawyer who has experience in the realm of medical malpractice litigation. There are many intricacies and obstacles unknown to those who do not specialize in this area. Medical malpractice is my passion, and I have dedicated most of my practice to representing individuals catastrophically injured due to the negligence of a hospital or a medical provider in Colorado. If you, or your loved one, have been a victim of a medical malpractice case, contact Anzalone Law Offices to help you navigate the right steps to take. Give us a call and let us help you obtain the compensation you deserve.