As used in this part 2, unless the context otherwise requires:
(1) "Economic loss" means pecuniary harm for which damages are recoverable under the laws of this state.
(2) "Future damages" means damages of any kind arising from personal injuries which the trier of fact finds will accrue after the damages findings are made.
(3) "Health-care institution" means any licensed or certified hospital, health-care facility, dispensary, other institution for the treatment or care of the sick or injured, or a laboratory certified under the federal "Clinical Laboratories Improvement Act of 1967", as amended, 42 U.S.C. sec. 263a, to perform high complexity testing.
(4) (a) "Health-care professional" means any person licensed in this state or any other state to practice medicine, chiropractic, nursing, physical therapy, podiatry, dentistry, pharmacy, optometry, or other healing arts. The term includes any professional corporation or other professional entity comprised of such health-care providers as permitted by the laws of this state.
(b) Repealed.
(c) Nothing in this subsection (4) shall be construed to create an exception to the corporate practice of medicine doctrine.
(5) "Noneconomic loss" means nonpecuniary harm for which damages are recoverable under the laws of this state, but the term does not include punitive or exemplary damages.
(6) "Past damages" means damages that have accrued before the damages findings are made, including any punitive or exemplary damages allowed by the laws of this state.
(7) "Present value" means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the judgment is entered.
(8) "Qualified insurer" means an insurance company licensed to do business in this state or any self-insurer, assignee, plan, or arrangement approved by the court.
Source: L. 88: Entire article added, p. 613, § 1, effective July 1. L. 93: (4) amended, p. 1920, § 4, effective July 1. L. 2003: (4) amended, p. 1600, § 4, effective July 1. L. 2004: (3) amended, p. 966, § 5, effective May 21.
Editor's note: Subsection (4)(b) provided for the repeal of subsection (4)(b), effective July 1, 1996. (See L. 93, p. 1920.)
Cross references: For the legislative declaration contained in the 2003 act amending subsection (4), see section 1 of chapter 240, Session Laws of Colorado 2003.
Notes of Decisions
Cited in
10
cases, 1993–2006 · leading case:
Preston v. Dupont, 35 P.3d 433 (Colo. 2001).
Preston v. Dupont, 35 P.3d 433 (Colo. 2001).
· cites it 9× “(1) The total amount recoverable for all damages for a course of care for all defendants in any civil action for damages in tort brought against a health care professional, as defined in section 13-64-202, or a health care institution, as defined in section 13-64-202, or as a…”
Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C., 95 P.3d 571 (Colo. 2004).
· cites it 6× “a course of care for all defendants in any civil action for damages in tort brought against a health care professional, as defined in section 13-64-202, or a health care institution, as defined in section 13-64-202, or as a result of binding arbitration, whether past damages,…”
Scholz v. Metro. Pathologists, P.C., 851 P.2d 901 (Colo. 1993).
· cites it 6× “The HCAA defines "future damages" as "damages of any kind arising from personal injuries which the trier of fact finds will accrue after the damages findings are made," § 13-64-202(2), and the HCAA requires the trier of fact to determine the present value of future damages and…”
Dupont v. Preston, 9 P.3d 1193 (Colo. Ct. App. 2000).
· cites it 9× “Rather, as previously noted, the definition contained in § 13-64-202 is the one that pertains here.”
People v. Bryant, 122 P.3d 1026 (Colo. Ct. App. 2005).
· cites it 2× “In contrast, the phrase “loss of future earnings” is generally defined as earnings that, because of the opposing party’s conduct, are not expected to be received from the date damages are determined forward.”
Evans v. Colorado Permanente Med. Grp., P.C., 902 P.2d 867 (Colo. Ct. App. 1995).
· cites it 2× “Because this action is a civil claim for medical malpractice and all defendants here meet the definition of health care professionals, § 13-64-202(4)(a), C.R.S. (1994 Cum.Supp.”
Plummer v. Little, 987 P.2d 871 (Colo. Ct. App. 1999).
· cites it 2× “Examples of such include § 13-64-202, C.R.S.1998 (defining “health care institution” for purposes of the “Health Care Availability Act” as including “any licensed or certified hospital, health care facility, dispensary, or other institution for the treatment or care of the sick…”
Wallbank v. Rothenberg, 140 P.3d 177 (Colo. Ct. App. 2006).
“The former version of § 13-64-202 stated in relevant part: [I]f, upon good cause shown, the court determines that the present value of the amount of lost past earnings and the present value of lost future earnings, or the present value of the amount of past medical and other…”
Price v. Walgreen Co., 322 F. Supp. 2d 1179 (D. Colo. 2004).
· cites it 10× “, is not a “health care professional,” as that term is defined in C.R.S. § 13-64-202. The Court states in pertinent part that the statute includes as a health care professional “any person licensed in this state or any other state to practice .”
— Colo. Rev. Stat. § 13-64-202(2) — 2 cases
Scholz v. Metro. Pathologists, P.C., 851 P.2d 901 (Colo. 1993).
“The HCAA defines "future damages" as "damages of any kind arising from personal injuries which the trier of fact finds will accrue after the damages findings are made," § 13-64-202(2), and the HCAA requires the trier of fact to determine the present value of future damages and…”
People v. Bryant, 122 P.3d 1026 (Colo. Ct. App. 2005).
“In contrast, the phrase “loss of future earnings” is generally defined as earnings that, because of the opposing party’s conduct, are not expected to be received from the date damages are determined forward.”
— Colo. Rev. Stat. § 13-64-202(3) — 2 cases
Scholz v. Metro. Pathologists, P.C., 851 P.2d 901 (Colo. 1993).
“The HCAA defines "future damages" as "damages of any kind arising from personal injuries which the trier of fact finds will accrue after the damages findings are made," § 13-64-202(2), and the HCAA requires the trier of fact to determine the present value of future damages and…”
Price v. Walgreen Co., 322 F. Supp. 2d 1179 (D. Colo. 2004).
“, is not a “health care professional,” as that term is defined in C.R.S. § 13-64-202. The Court states in pertinent part that the statute includes as a health care professional “any person licensed in this state or any other state to practice .”
— Colo. Rev. Stat. § 13-64-202(4) — 1 case
Scholz v. Metro. Pathologists, P.C., 851 P.2d 901 (Colo. 1993).
“The HCAA defines "future damages" as "damages of any kind arising from personal injuries which the trier of fact finds will accrue after the damages findings are made," § 13-64-202(2), and the HCAA requires the trier of fact to determine the present value of future damages and…”
— Colo. Rev. Stat. § 13-64-202(4)(a) — 3 cases
Evans v. Colorado Permanente Med. Grp., P.C., 902 P.2d 867 (Colo. Ct. App. 1995).
“Because this action is a civil claim for medical malpractice and all defendants here meet the definition of health care professionals, § 13-64-202(4)(a), C.R.S. (1994 Cum.Supp.”
Price v. Walgreen Co., 322 F. Supp. 2d 1179 (D. Colo. 2004).
“, is not a “health care professional,” as that term is defined in C.R.S. § 13-64-202. The Court states in pertinent part that the statute includes as a health care professional “any person licensed in this state or any other state to practice .”
— Colo. Rev. Stat. § 13-64-202(5) — 2 cases
Dupont v. Preston, 9 P.3d 1193 (Colo. Ct. App. 2000).
“Rather, as previously noted, the definition contained in § 13-64-202 is the one that pertains here.”
Preston v. Dupont, 35 P.3d 433 (Colo. 2001).
“(1) The total amount recoverable for all damages for a course of care for all defendants in any civil action for damages in tort brought against a health care professional, as defined in section 13-64-202, or a health care institution, as defined in section 13-64-202, or as a…”
— Colo. Rev. Stat. § 13-64-202(6) — 1 case
People v. Bryant, 122 P.3d 1026 (Colo. Ct. App. 2005).
“In contrast, the phrase “loss of future earnings” is generally defined as earnings that, because of the opposing party’s conduct, are not expected to be received from the date damages are determined forward.”
— Colo. Rev. Stat. § 13-64-202(7) — 1 case
Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C., 95 P.3d 571 (Colo. 2004).
“a course of care for all defendants in any civil action for damages in tort brought against a health care professional, as defined in section 13-64-202, or a health care institution, as defined in section 13-64-202, or as a result of binding arbitration, whether past damages,…”
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