§ 13-64-102 — Legislative declaration

(1) The general assembly determines
and declares that it is in the best interests of the citizens of this state to assure the
continued availability of adequate health-care services to the people of this state
by containing the significantly increasing costs of malpractice insurance for
medical care institutions and licensed medical care professionals, and that such is
rationally related to a legitimate state interest. To attain this goal and in recognition
of the exodus of professionals from health-care practice or from certain portions or
specialties thereof, the general assembly finds it necessary to enact this article
limited to the area of medical malpractice to preserve the public peace, health, and
welfare.

(2) The general assembly further determines and declares:

(a) The purpose of enacting the Health Care Availability Act and
amendments thereto is to clearly and unequivocally state the intent of the general
assembly that, in order to promote the purposes set forth in subsection (1) of this
section, the limitations of liability set forth in section 13-64-302 are hereby
reaffirmed; and

(b) All noneconomic damages of any kind whatsoever, whether direct or
derivative, including but not limited to grief, loss of companionship, pain and
suffering, inconvenience, emotional stress, impairment of quality of life, physical
impairment, disfigurement, and damages for any other nonpecuniary harm awarded
in a medical malpractice action, shall not exceed the limitations on noneconomic
loss or injury specified in section 13-64-302.

Legislative History

Source: L. 88: Entire article added, p. 612, � 1, effective July 1. L. 2003: Entire section amended, p. 1788, � 3, effective July 1.