Colorado Medical Center Loses Bid to Limit Malpractice Damages

A Colorado health-care provider lost an attempt to reduce its potential damages in a medical malpractice suit that hasn’t gone to trial yet, following a ruling by a federal court.

Juries determine damages in the first instance, and a court doesn’t have authority to set a limit before the verdict, the US District Court for the District of Colorado said Wednesday. A summary judgment capping the plaintiffs’ damages to the amount he actually paid would be an impermissible advisory ruling, Magistrate Judge Scott T. Varholak said Wednesday.

Plaintiff Kyle Rasch had an emergency appendectomy at UCHealth Yampa Valley Medical Center ...