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DENVER, CO – Governor Jared Polis today signed bipartisan legislation to update Colorado’s medical liability laws. The agreement from health care providers, business leaders and trial lawyers will prevent divisive ballot measures and provide certainty for both providers and patients.
“I’m grateful to all the people who put aside differences and came together to do what’s best for Colorado and avoid divisive ballot measures,” said Rep. Kyle Brown, D-Louisville. “This new law will maintain access to health care, provide stability for providers and businesses, and ensure people can be compensated when they are injured because of negligence.”
“By bringing people together, we’ve come to a long-term agreement that is good for Coloradans, ensures access to care and protects consumers,” said Health and Insurance Committee Chair Lindsey Daugherty, D-Arvada. “I appreciate the work of the sponsors, Governor Polis, business groups and consumer advocates to put aside their differences and bring forward legislation that will provide stability to the health care industry and allow patients and their families to pursue justice.”
HB24-1472, sponsored by Representative Kyle Brown and Minority Leader Rose Pugliese, makes changes to noneconomic loss or injury and wrongful death damages caps and allows a sibling of the deceased to bring a wrongful death action in certain circumstances. It also increases the recoverable amount for noneconomic damages medical malpractice actions.
For civil actions filed on or after January 1, 2025, the law increases the cap on damages for noneconomic loss or injury from $250,000 to $1.5 million and starting January 1, 2028, adjusts the damages cap based on inflation.
The law adds a sibling of the deceased as a party who may bring a wrongful death action in certain circumstances.
The law imposes a wrongful death damages cap of $2.125 million, and starting January 1, 2028, adjusts the damages cap based on inflation.
The law incrementally increases the medical malpractice wrongful death damages limitation to $1.575 million, and adjusts the cap for inflation.
The law incrementally increases the noneconomic damages limitation to $875,000, and adjusts the cap for inflation.