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Wrongful Death
Damages: Why Special Treatment for Docs.?
Posted by: Damon Davis
March 24, 2010
In my last entry I wrote about wrongful death damage caps. I'd like to write about damage caps again today. With all the news about medical reform, I'd like to write about the medical malpractice damage caps in Colorado. In Colorado, the medical malpractice damage cap is contained in section 13-64-302, C.R.S. The cap is a total of one million dollars, of which no more than $300,000 can be for non-economic damages. You may recall from my previous entry that the non-economic damages for everyone else are capped at $468,010 with no cap on economic damages. One must question why doctors are entitled to special treatment that the rest of the citizens of Colorado are not.
Damage Cap Provisions in Wrongful Death Cases
Posted by: Damon Davis
February 02, 2010
Damage Cap Provisions in Wrongful Death Cases
The State of Colorado is well known for its damage cap provisions. Colorado has some of the strictest damage cap provisions of any state, including its sister states in the Western U.S. I am not opposed to reasonable damage cap provisions in principle. Reasonable caps on damages help by placing a limit on that which is inherently difficult to define. However, one damage cap provision in Colorado is particularly draconian, and should be amended by the legislature. The provision that I am referring to is the limitation on non-economic damages in wrongful death cases.
