Colorado Birth Injury Case to Challenge Medical Malpractice Cap

Another horrible example of medical malpractice caps and tort reform.  A newborn was seriously injured when a negligent doctor used a vacuum extraction device to help deliver him.  The doctor excessively used the device and did so in the wrong manner.  The newborn was born and rushed to Colorado’s top children’s hospital, where he remained for three weeks.  The prognosis was “grim.”  He made it though, and survived with significant physical, occupation, and speech therapy needs.

A lawsuit was commenced by his parents, who recovered $5.7 million from a jury.  But there is a medical malpractice cap of $1 million, unless there are special circumstances.  The Judge lowered the amount of past and future medical expenses from $435,000 to $44,000.  Other expenses were also lowered, but the victim still was able to recover just about $5 million.

Further, in Colorado the parents or guardians must file a lawsuit seeking medical expenses incurred by a minor child during the time he is considered a minor.  This must be done within two years of the injury, of the right is waived.  However, the victim’s lawyer argues that it limits what is due to the child for lifelong supervision and healthcare costs because only two years are accounted.  This means that the negligent healthcare providers get away, but the victim and even the taxpayers—all of us—have to foot the bill.

Now the victim is appealing this rule which effects interest.  The negligent healthcare providers are appealing the decision and want the amount reduced to the cap of $1 million.  This is stirring to be a big fight over a unique Colorado law, a horrible medical malpractice cap, and catastrophic injuries to a newborn.

Hopefully the appeals court will rebuff any attempts to lower the amount and will fight hard to keep the victim with the money he deserves.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.