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Senate panel advances cap on non-economic damages in maternal malpractice suits
Summary
Senate Judiciary advanced SB 26-21, sponsored by Senator Lamar, to the calendar. The bill would cap non-economic damages in specified OBGYN/maternity negligence cases; sponsors said fiscal impact is not significant and the measure passed the committee 8–1.
Senator Lamar introduced Senate Bill 26-21, saying it would limit non-economic damages in health-care liability actions arising from OBGYN or maternity negligence to a specified cap and that "the fiscal is not significant." He framed the measure as recognizing "the seriousness and lifelong impact of severe maternal injuries and maternal deaths."
Committee members asked for clarification of existing caps and were told current non-economic damages caps are $750,000 under current law. After brief discussion, the sponsor moved the bill and the committee approved it on a roll call, 8 ayes and 1 no, sending SB 26-21 to the full Senate calendar.
The vote moves the bill forward but does not change law; the full Senate must consider the measure. No amendments were adopted in committee and no fiscal note indicating a significant cost was presented during the hearing.
