"Health & Medical News"

Colorado’s noneconomic damage cap in medical liability cases is under fire. Physicians say legislation — approved by the state Senate in late February — threatens to unhinge the state’s stable medical liability climate.

The bill, backed by trial lawyers, would raise the current $300,000 cap by roughly 50%, to more than $460,000, largely to track inflation. More problematic, doctors say, is that injuries classified as physical impairment or disfigurement no longer would be subject to the limit on pain and suffering awards.

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Physicians say a Colorado Supreme Court ruling recognizes the importance of protecting ongoing peer review from the threat of lawsuits. But they say the decision likely will make it difficult for doctors to get relief from the courts when they believe abuses are taking place during the proceedings.

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