Health Justice Transformation - Colorado
The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.
Caps on Non-Economic (Pain and Suffering) Damages
$300,000 cap on non-economic damages, including damages for physical impairment. $1,000,000 cap on total damages.
Joint Liability for Multiple Defendants
Yes. Defendants are proportionally liable for non-economic damages unless parties have consciously conspired to commit a tortious act.
Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit
Yes, benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, less any amount paid by plaintiff to secure the benefit.
Provisions for the Periodic Payment of Damages Over Time Fees
Yes, mandatory on damages exceeding $150,000. Discretionary for damages awarded of $150,000 or less.
Limitation of Plaintiff’s Attorneys Fees
No.Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures
Arbitration is not mandated but is permitted.
Standards for Expert Testimony/Witness Expert testimony is mandatory
Experts must be licensed in the state and be substantially familiar with the applicable standard of care and practice as they relate to the act or omission which is the subject of the claim. The court shall not permit an expert in one medical specialty to testify against a physician in another specialty unless the expert shows substantial familiarity between the specialties and that the standards of care and practice in the two fields are similar.
