How Colorado’s New Medical Malpractice Law Impacts Pharmacy Error Claims
In 2025, Colorado’s landscape for medical malpractice claims, including those involving pharmacy errors, will undergo a significant change.
With the passage of House Bill 24-1472 (HB24-1472), the state is updating its long-standing limits on non-economic damages in malpractice lawsuits.
For patients harmed by pharmacy mistakes or their families seeking wrongful death damages in Colorado, this legislative update brings both new opportunities and critical legal considerations.
At Leventhal Puga Braley P.C., we have long advocated for the rights of patients affected by medical breach of standard of care, having handled complex cases involving pharmacy negligence, or breach of standard of care in Denver and across the state.
What Is HB24-1472?
Signed into law in 2024, HB24-1472 modernizes Colorado’s outdated cap on non-economic damages in medical malpractice claims. For decades, the cap has limited what victims could recover for pain and suffering, emotional distress, and loss of quality of life.
What Are Non-economic Damages?
In malpractice cases, damages fall into two main categories:
- Economic damages: Medical bills, lost wages, rehabilitation, and other quantifiable costs
- Non-economic damages: Pain and suffering, emotional trauma, permanent disability, disfigurement, and loss of enjoyment of life
Historically, Colorado’s low non-economic damages cap made it difficult for seriously injured patients to recover full compensation. This was especially true in cases involving:
- Long-term suffering due to undiagnosed or untreated conditions
- Loss of mobility or independence
- Death of a loved one due to medical negligence
By raising the cap, HB24-1472 brings Colorado closer to national norms and improves access to justice for victims.
Pharmacy Negligence in Denver
Pharmacy negligence, or a breach of standard of care, occurs when pharmacists, pharmacy techs, or hospital pharmacy departments make errors that lead to patient harm, such as allergic reactions, overdoses, untreated conditions, or even death. These may include:
- Dispensing the wrong medication
- Failing to warn of drug interactions
- Mislabeling prescriptions
- Providing incorrect dosage instructions
How HB24-1472 Affects Medication Error Lawsuits
The new law significantly strengthens the legal options for patients harmed by pharmacy errors.
Higher Compensation Potential
Victims of medication mistakes may now seek more compensation for their non-economic injuries, such as:
- A patient who suffers brain damage from a medication overdose
- A child harmed by a mislabeled prescription
- A senior who experiences internal bleeding due to a drug interaction
These cases involve long-term suffering that was previously undervalued under the older cap.
Greater Justice in Wrongful Death Cases
The increase in wrongful death claims provides more meaningful justice for families who’ve lost loved ones due to fatal medication errors.
With the new law, families may now be able to pursue damages that more accurately reflect their loss and emotional hardship.
Wrongful death due to pharmacy negligence may involve:
- Administering a contraindicated drug to a hospitalized patient
- Mixing medications that suppress breathing or cardiac function
- Failing to catch a known allergy in a patient’s chart
Encourages Accountability
By increasing financial exposure for negligent providers and pharmacies, HB24-1472 creates a greater incentive for healthcare facilities to adopt safer practices and invest in stronger patient safeguards.
Important Limitations and Considerations
While HB24-1472 is a major win for patients, several limitations still apply:
- The new caps do not apply retroactively. If your injury occurred before January 1, 2025, the old $300,000 cap remains in place.
- Colorado still requires a certificate of review by a medical expert within 60 days of filing a claim.
- Claims must be filed within two years of injury or discovery, with some exceptions.
Why Choose Leventhal Puga Braley P.C. for Pharmacy Negligence Cases?
Our firm has earned national recognition for handling some of Colorado’s most challenging and high-value malpractice cases. When it comes to pharmacy negligence cases, we offer:
- Deep medical knowledge: We work with top pharmacology and medication safety experts.
- Trial experience: We prepare every case as if it will go to court—and we win in court.
- Strategic timing: We assess whether claims should be filed after January 1, 2025, to benefit from new caps.
- Client-first focus: We ensure that your voice is heard and your injuries are respected throughout the legal process.
What You Should Do If You Suspect a Pharmacy Error
Medication errors often go unnoticed until serious harm occurs. If you or someone you love has experienced unexpected complications, follow these steps:
- Request your medical and pharmacy records.
- Seek a second opinion – Have another provider assess whether the medication may have caused harm.
- Track symptoms and expenses – Keep a journal and all receipts related to treatment.
- Consult with a qualified attorney – Legal guidance early on can make a critical difference.
Speak With Our Experienced Pharmacy Error Lawyers in Denver
If you or a loved one has suffered due to a medication mistake, you may now be able to pursue damages that more accurately reflect your loss and emotional hardship.
Contact our Colorado pharmacy error attorneys right away at (303) 759-9945 or toll-free at (877) 433-3906 for a no-cost consultation. We’re ready to fight for patients harmed by pharmacy negligence in Denver and across the state.