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Denver, Colorado

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Is it frivolous when it affects you or yours?

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I read a story today about a Tacoma physician filing a medical malpractice lawsuit involving his wife’s recent death. While you cannot make a good determination based on just what you read in the papers, it appears as if her death should have been prevented. We, of course, sympathize with the family and offer our condolences.

Medical malpractice damage caps affect us all. I hope our legislators and health care providers who support strict limits realize those limited damages affect them, as well. I doubt they would characterize malpractice litigation as “frivolous” when it affects their own family.

Here in Colorado, in medical malpractice cases, non-economic damages such as pain, suffering, scarring, disfigurement and loss of enjoyment of life are limited to $300,000— regardless of how debilitating, regardless of how long you suffer. It might be easy to support that limit, until it applied to you.