Colorado Civil Justice League
INITIATIVES

 A shift in timing
for the pleading of punitive damages. Oftentimes, punitive damages are used only for negotiating leverage, without a factual basis. This would require litigants to delay requesting punitive damages until they have gathered the necessary facts and shown there is at least a reasonable basis for asserting damages.
[Full Discussion]
[Bill Fact Sheet]


The ability to seek
immediate appeal of class certification in class action lawsuits. Class certification is often the major decision in any class action lawsuit, defining the size of the case and the recovery. This reform merely mimics federal law and gives appellate courts an opportunity -- but does not require them -- to immediately review this make-or-break ruling.
[Full Discussion]
[Bill Fact Sheet]


The elimination of
two separate non-economic damage caps due to the overlap of state and federal law. Because of the overlap between state tort law and federal employment law in the civil rights arena, employers are liable for non-economic damages not only under state law, but also federal law, even though there is only one case. This reform prevents double-recovery.
[Full Discussion]
[Bill Fact Sheet]


It's been widely
reported that the cost of health care coverage for the average Coloradoan is a growing problem, especially in rural areas. Reforms are needed to address this problem, and the first logical place for reform is in Colorado's tort reform arena. One of the key factors in rising health care costs is the high cost of medical malpractice coverage, which is contributing to a shortage of providers in rural Colorado. These rising costs are ultimately paid by employers, employees and their dependent family members.
[Full Discussion]
[Bill Fact Sheet]


MEDICAL MALPRACTICE CONTINGENCY FEES
It's been widely reported reported that the cost of health care coverage for the average Coloradoan
is a growing problem, especially in rural areas. Reforms are needed
to address this problem, and the first logical place for reform is
in Colorado's tort reform arena. One of the key factors in rising
health care costs is the high cost of medical malpractice coverage,
which is contributing to a shortage of providers in rural Colorado.
These rising costs are ultimately paid by employers, employees and
their dependent family members.








Civil Justice Fact Sheet

House Bill 1060
Limit Contingency Fee Agreements in Medical Malpractice Actions
Rep. T. Williams
Support HB 1060


HB 1060 limits the amount that an attorney may charge on a contingency fee agreement for medical malpractice actions to 20%. This would bring medical malpractice contingency fees in line with existing workers compensation statutes passed in 1991.

A recent article in Healthcare News reported “skyrocketing medical malpractice insurance premiums are wreaking havoc in communities throughout the U.S. Jury awards for medical malpractice claims jumped 76% from 1996 to 1999, according to the latest edition of ‘Current Award Trends in Personal Injury’ by Jury Verdict Research.”

The high cost of medical malpractice coverage is contributing to a shortage of providers in rural Colorado. In particular, there is a scarcity of health care specialists, which result in higher contract fees for health insurance carriers. These higher costs are ultimately passed on to Colorado employers, employees and their dependent family members.

To fend off litigation and cope with steep premiums doctors are practicing defensive medicine by ordering additional and sometimes unnecessary medical tests. Insurers may be reluctant to pay for them, but doctors want to order them to protect themselves from lawsuits. According to the Quarterly Journal of Economics, such “defensive medicine” adds $50 billion per year to the nations overall healthcare spending.

HB 1060:

· Limits contingency fees to 20 percent on medical malpractice cases

· Helps reign in rising health care costs

· Allows for better and more appropriate care by medical professionals

· Creates parity in the laws for medical malpractice and workers compensation

LIMIT CONTINGENCY FEES IN MEDICAL MALPRACTICE CASESVote ‘Yes’ for HB 1060

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